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HomeMy WebLinkAboutItem 4b; 4c Staff Report - Village 9 SPA/MapCHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 4b; 4c Meeting Date: 05/14/14 ITEM TITLE: 4 -b Public Hearing: PCM- 09 -19; Consideration of the Village 9 Sectional Planning Area (SPA) Plan including the Planned Community District Regulations /Design Plan (Form Based Code), Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents on approximately 323 acres within the Otay Ranch Planned Community. Resolution: PCM- 09 -19; of the Planning Commission of the City of Chula Vista recommending that the City Council approve a Sectional Planning Area (SPA) Plan including Planned Community District Regulations / Design Plan (Form Based Code), Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents on approximately 323 acres of land in the Village 9 portion of the Otay Ranch. 4 -c Public Hearing: PCS- 09 -05; Consideration of a Tentative Subdivision Map (PCS- 09 -05), implementing the Village 9 SPA Plan (PCM- 09 -19). Resolution: PCS- 09 -05; of the Planning Commission of the City of Chula Vista recommending that the City Council approve Tentative Map CVT- 09-05 (PCS- 09 -05) for the Otay Ranch Village 9 project. SUBMITTED BY: Scott Donaghe, Principal Planner REVIEWED BY: Kelly Broughton, FASLA, Development Services Director INTRODUCTION The applicant, the Otay Land Company, filed an application for the Village 9 SPA (PCM- 09 -19) and Tentative Map (PCS- 09 -05) in July 2009. The Village 9 SPA defines the land use character and mix, design criteria, transportation system and public infrastructure requirements for a 323.1 -acre site within the Otay Ranch. The Tentative Map implements the SPA Plan by providing for the subdivision of lots and the detailed design of the circulation system and other public improvements consistent with the SPA Plan. Planning Commission 5 -14 -2014 Page 2 BACKGROUND Items 4b & 4c Since the adoption of the Otay Ranch General Development Plan (GDP) in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. This vision is also reflected in the General Plan (GP). While the properties have been designated "University" (with a secondary residential land use should the University not become a reality), they have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the acquisition of approximately 140 acres of developable land for university purposes. It was understood that additional acreage was required to realize the land mass envisioned for the University by the GP and GDP. In 2007, the City began negotiating with the landowners on a land plan that would be beneficial to the City, and carry out the goals of the GP and GDP with the conveyance of land necessary for the future development of a University and a Regional Technology Park if certain benefits were received by the landowners (entitlements received within agreed upon timeframes). On April 15, 2008 the City of Chula Vista entered into a Land Offer Agreement (LOA) with OLC that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for 50 acres of developable University /Regional Technology Park land if certain entitlements are approved within the agreed upon timeframes. As part of the agreement the City also received an IOD for an additional 160 acres of mitigation land and one million dollars for University recruitment and planning purposes was received upon execution of the LOA. A second one million dollars for the same purpose will be received if such entitlements are approved by the City. It was originally envisioned in the LOA that all of the approvals (including the General Plan and General Development Plan Amendments, Sectional Planning Area (SPA) Plans for Villages 8 West and 9, Environmental Impact Reports and tentative maps for both villages) would be heard at one hearing, but due to the size and complexity of the project an amendment to the LOA was approved in February 2013. The Amended LOA permitted the consideration of the General Plan (GPA) and General Development Plan Amendments (GDPA) separately from the remainder of the applications. The GPA and GDPA were approved by Council on February 26, 2013. The proposal under consideration (Village 9 SPA and TM) would implement the GP and GDP and would be the next step towards realizing the City's vision for a University in Eastern Chula Vista pursuant to the LOA. ENVIRONMENTAL REVIEW In accordance with the requirements of the California Environmental Quality Act (CEQA), a Second -Tier Environmental Impact Report (EIR- 10 -04) has been prepared to analyze the environmental impacts of the proposed Village 9 SPA and Tentative Map. EIR -10 -04 is discussed in detail in a companion agenda statement and must be addressed and acted upon prior to Planning Commission consideration of the Village 9 SPA and Tentative Map. Planning Commission Items 4b & 4c 5 -14 -2014 Page 3 RECOMMENDATION That the Planning Commission: 1. Adopt Resolution PCM -09 -19 recommending that the City Council: a. Approve the Village 9 Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Public Facilities Finance Plan, Affordable Housing Plan and other regulatory documents in accordance with the findings and subject to the conditions contained therein; and, b. Adopt an Ordinance approving the Village 9 Planned Community District Regulations /Design Plan (Form Based Code) in accordance with the findings and subject to the conditions contained therein. 2. Adopt Resolution PCS -09 -05 recommending that the City Council approve the Village 9 Tentative Map in accordance with the findings and subject to the conditions contained therein. DISCUSSION Locations Existing Site Characteristics, and Ownership Village 9 is comprised of approximately 323 acres and is generally located south of Main Street/Rock Mountain Road, east of SR -125, north of the Otay River Valley and west of the future University site and Village 10 (see Attachment 1, Locator Map). The project site is within the Otay Valley parcel of the Otay Ranch planning area. The site is currently in a vacant, natural state and has been used for agricultural purposes in the past. Village 9 is owned by the Otay Land Company (a subsidiary of HomeFed). Project Description Village 9 is proposed to be developed with up to 4,000 multi - family and single - family residential units and 1,500,000- square feet of non - residential uses (commercial and office). Of the 4,000 residential units, approximately 3,734 -units are multi - family within a mixed -use construct, 161 - units are multi - family within a planned development setting, and 105 -units are single - family. The 1,500,000- square feet of non - residential uses are proposed to provide up to 350,000 square feet of commercial and up to 1,150,000 square feet of office uses. Land uses within the village also include parkland, Community Purpose Facility land, two sites for elementary schools and open space. Village 9 also sets aside 50 -acres of land to be included as part of the University Park and Innovation District (LIPID) (See Attachment 2, Site Utilization Plan). The geographic hub of the village is the Town Center, which is centrally located between Main Street and Otay Valley Road adjacent to the UPID site. Village 9 is oriented around the "spindle," or pair of one -way streets that bisect the village from north to south. A Bus Rapid Transit (BRT) line will separate Village 9 from the UPID site to the east, with a transit stop Planning Commission Items 4b & 4c 5 -14 -2014 Page 4 conveniently located to provide access to the UPID and town center. In addition, the small (typically 250 -ft. x 350 -ft.) block sizes located in the Town Center will promote increased connectivity and provide multiple points of access for pedestrians, bicyclists and transit users, as well as vehicles. An east/west Village Pathway, that includes a pedestrian bridge over SR125, will connect pedestrians and bicyclists to the neighborhood park within Village 9 as well as the UPID and the villages to the west (See Attachment 5, Vehicular Circulation and Attachment 6, Pedestrian Circulation). Densities are generally medium to high (10 -60 du/ac) in all of the portions of the village north of Otay Valley Road. The planning areas adjacent to Main Street are the highest density (28 -60 du/ac) since they are part of the Eastern Urban Center (EUC) land use designation. Densities slightly decrease in the Town Center (18 -45 du/ac), which is to be the commercial center of the village, then decrease slightly more in the Mixed -Use Residential (10 -27 du/ac) as circulation moves closer to Otay Valley Road. South of Otay Valley Road, densities substantially decrease as the project approaches the Otay Valley and the Otay Ranch Preserve to the south, with traditional single - family lots (3 -6 du/ac) being located along the preserve edge (See Attachment 3, Site Utilization Plan Table). General Plan and General Development Plan Compliance The City's General Plan (GP) and the Otay Ranch General Development Plan (GDP) designate land within the Otay Valley Parcel for urban villages based on the pedestrian friendly village concept. This concept locates higher residential densities and a variety of mixed -uses within the Town Center (or Village Core), and then surrounds the Town Center with decreasing residential densities as the village approaches the Otay River Valley. The General Plan identifies Village 9 as being within the Eastern University District of the Otay Ranch Subarea. The General Plan designates Village 9 for mixed uses within the following Land Use Designations: The Eastern Urban Center Land Use (28 -60 units per acre), the Town Center Land Use (18 -45 units per acre), and the Residential Mixed -Use, which includes the Residential High (18 -27 units per acre) and Residential Medium -High (11 -18 dwelling units per acre) Land Use Designations. South of Otay Valley Road, there are Residential Medium (6 -11 dwelling units per acre) and Residential Low Medium (3 -6 dwelling units per acre) Land Use Designations. In addition, Village 9 includes a Neighborhood Park (NP), and two Elementary Schools (ES). The Chula Vista General Plan (GP) provides the vision and policy direction for the planning of Village 9. The GP includes numerous policies (starting on page LUT -269) with regard to Village 9, some of these that relate directly to design and land use are: • Prior to adoption of a SPA involving the university site, locate supporting uses to achieve a cohesive and integrated campus environment. • Development of a pedestrian- oriented, mixed -use Town Center along the transportation corridor with the highest intensity of development; directly linked to the university core and EUC, which serves as the centerpiece of identity and community character. Planning Commission 5 -14 -2014 Page 5 Items 4b & 4c • The Town Center will provide a link and continuity of urban form; density; street network; pedestrian sidewalks; paths; and landscape to the campus core. • The campus core shall be linked with the transit center established within the Town Center. • Continuity shall be provided through urban form; the massing and scale of buildings; interconnected street network and sidewalks; and landscaping. • Buildings shall be sited along common sidewalks, pathways, and plazas to stimulate a high level of pedestrian activity. In addition, the Otay Ranch General Development Plan (GDP) authorizes 4,000 dwelling units (3,895 multi- family, and 105 single - family), 27.5 acres of parkland (Neighborhood, Pedestrian, and Town Square Parks), 5.0 acres of Community Purpose Facility (CPF), 19.8 acres for schools (two Elementary Schools) as well as up to 1,500,000 square feet of commercial and office space. The GDP includes specific character policies (Part II, Chapter 1, and Section F.9) to be implemented at the SPA level. Some of these that relate specifically to the Village 9 design and land use plan are: • The northern portion of the village is located within the boundaries of the Eastern Urban Center (EUC). Development in the northern portion shall be compatible with the EUC land uses. • Development will be centered in the University Town Center area, along the one -way pair road system and the transit corridor as the location of the highest intensity of development in order to achieve a pedestrian- oriented mixed -use district that will provide a direct link to the University Campus to the west and the EUC to the north, and serves as the centerpiece of identity and community character. • Provide for the development of uses that directly support or complement the University Campus, such as commercial services, office, and faculty, staff, and student housing. • Structures within the heart of the University Town Center area shall be located and designed to form a common "building wall" along sidewalks, with parking to the rear or in subterranean structures, to stimulate pedestrian activity. • Provide for the development of retail and office uses in a more intense format necessary to serve related businesses that are complementary to business and retail needs intended for the EUC, the University Campus, and the Innovation District (formerly known as the Regional Technology Park - RTP) • Land use designs shall consider the overall natural landform and generally slope down toward the Otay River Valley. Lower density residential development along the southern portion of the village shall emphasize views of the Otay River Valley. Regional trails shall link the village to the Otay Valley Regional Park. Planning Commission 5 -14 -2014 Page 6 Items 4b & 4c Table 1 summarizes the existing City of Chula Vista Municipal Code (CVMC) Planned Community (PC) zoning, the GP Land Use Designation, the Otay Ranch GDP Land Use Designation, and the proposed SPA Plan Transect Zones and density ranges, with the number of residential units authorized and proposed for each of these different development areas. Table 1: Village 9 General Plan, Otay Ranch GDP and SPA Plan Land Use Designations: CVMC Chula Vista GP Otay Ranch GDP SPA Plan Transect Zones No. of Units Land Use Land Use and Density Ranges Authorized/ Zoning Designation Designation Proposed PC Eastern Urban Center Eastern Urban Center T -5: Urban Center (UC) — 1,912 (EUC) — 28 -60 units (EUC) — 28 -60 units 28 -60 units per acre per acre per acre PC Town Center (TC) — Town Center (TC) — T -4: Town Center (TC) — 894 18 -45 units per acre 18 -45 units per acre 18 -45 units per acre PC Town Center (TC) — Town Center (TC) — T -4: Urban Neighborhood 136 18 -45 units per acre 18 -45 units per acre (UN) — 10 -45 units per acre Residential Medium High (RMH) — 11 -18 units per acre PC Residential High (RH) Mixed Use (MU) — T -3: Neighborhood Center 792 — 18 -27 units per acre 11 -27 units per acre (NC) — 10 -27 units per acre Residential Medium High (RMH) — 11 -18 units per acre PC Residential Medium Medium (M) — T -2: Neighborhood General 161 (RM) — 6 -11 units per 6 -11 units per acre (NG) — 6 -11 units per acre acre PC Residential Medium Low Medium Density T -2: Neighborhood Edge 105 Low (RLM) — Residential Village (NE) — 3 -6 units per acre 3 -6 dwelling units per (LMV) — acre 3 -6 units per acre Implementation of the GP and GDP policies requires an integrated planning approach that takes into consideration all of the land use planning components designed to create a mixed -use, pedestrian oriented community, as was envisioned when the GDP was adopted. Planning Commission Items 4b & 4c 5 -14 -2014 Page 7 The following outlines how the SPA Plan and Form Based Code implement the GP and GDP policies and objectives: SPA Plan A. Eastern Urban Center (EUC) District Area Land Uses The Village 9 EUC district area consists of 9 sites (Planning Areas A, B -1, B -2, C, D, E -1, E -2, H -1, and H -2) that will include a mixture of residential /office and residential /commercial. Up to 1,190,000 square feet of non - residential, comprised of 1,140,000 square feet of office and 50,000 square feet of commercial, is targeted for 8 of the 9 sites. While 1,190,000 square feet of non- residential is the target, the SPA Plan guarantees that a minimum of 400,000 square feet of non- residential (comprised of a minimum of 390,000 square feet of office and 10,000 of commercial) will be constructed within the EUC district. In addition to the non - residential square footages listed above, the Eastern Urban Center will include up to 1,912 multi - family units constructed in vertical and horizontal mixed use formats. The Eastern Urban Center district area includes a Town Square Park (Planning Area Q. B. Town Center (TC) District Area Land Uses The Village 9 TC district area consists of 15 sites (Planning Areas K -1, K -2, M, N, 0-1, 0-2, P, Q, R -1, R -2, I, J, L, F and G) that will include a mixture of residential /commercial or residential /commercial and residential /office. Up to 278,000 square feet of non - residential, comprised of 268,000 square feet of commercial and 100,000 square feet of office, is targeted for 11 of the 15 sites. While 278,000 square feet of non - residential is the target, the SPA Plan guarantees that a minimum of 100,000 square feet of non - residential (comprised of a minimum of 90,000 square feet of commercial and 10,000 of office) will be constructed within the TC district. In addition to the non - residential square footages listed above, the Town Center will include up to 1,030 multi - family units constructed in vertical and horizontal mixed use formats. The Town Center district area includes a Town Square Park (Planning Area I), a Community Purpose Facility (Planning Area J), and the Neighborhood Park (Planning Area L). An Elementary School is proposed for Planning Area G. C. Mixed -Use Residential (MUR) District Area Land Uses The Village 9 Mixed -Use Residential district area consists of 13 potential mixed use sites (Planning Areas S -1, S -2, T, U -1, U -2, V, X, Y -1, Y -2, W, Z -1, Z -2, and CC) that will include a mixture of residential /commercial. Up to 32,000 square feet of non - residential commercial, is targeted for 11 of the 13 of the sites. While 32,000 square feet of non - residential is the target, the SPA Plan does not guarantee a minimum that will be constructed within the MUR district. In addition to the non - residential square footages listed above, the Town Center will include up to 792 multi - family units constructed in vertical and horizontal mixed use formats. The Mixed -Use Residential district area includes a Community Purpose Facility (Planning Area X). An Elementary School is proposed for Planning Area W. Planning Commission 5 -14 -2014 Page 8 D. Residential (Medium) Land Uses Items 4b & 4c The Village 9 residential medium density (6 to 11 units per acre) planning areas (AA and BB) are proposed to contain 161 dwelling units in attached and detached formats that are compatible with the traditionally lotted single - family residences. These neighborhoods allow for a variety of building configurations including conventional homes, motor courts, linear green courts, bungalow green courts, village houses, row houses and neighborhood recreation facilities, as well as dwellings with innovative designs (i.e design solutions that may not meet the strict definition of the building configurations listed above) (See Section 3.4 of the SPA Plan). E. Residential (Low Medium) Land Uses The Village 9 residential low - medium density (3 to 6 units per acre) neighborhoods (Planning Areas DD, EE and FF) are proposed to contain 105 single - family residences on lot sizes ranging from approximately 5,375 to 12,085 square feet (See Enclosure 2 — Village 9 Tentative Map). Single - family residences with the lowest densities are located along the edge of the Otay Ranch Preserve in the southern portion of Village 9. Planned Community District Regulations /Design Plan (Form Based Code) Unlike the majority of SPA Plans, Village 9 is proposing a Form Based Code (FBC) that combines elements of the typical Planned Community (PC) District Regulations with the typical SPA Design Plan. The FBC (Chapter 3 of the SPA Plan) focuses on the physical form of development and its relationship to the public realm rather than on a strict set of permitted uses found in typical PC District Regulations. In form -based planning, the built environment is organized as a range of geographic and development "transects" or cross sections. Each transect is composed of elements that support its local character, such as: zone, building configuration, lot configuration, land use, frontage type and other physical elements of the human environment. The transects in Village 9 provide organization for development that focuses activity on the Eastern Urban Center, Town Center, and Mixed -Use Residential Districts transitioning into the residential areas and rural open space along the southern edges of the village. These 5 transects are further divided into 11 zones, allowing for greater diversity and smoother transition between transects, as noted below: • T -1: Open Space Preserve (OP) and Open Space (OS) Zones • T -2: Neighborhood Edge (NE) and Neighborhood General (NG) Zones • T -3: Neighborhood Center (NC) Zone • T -4: Town Center (TC) and Urban Neighborhood (UN) Zones • T -5: Urban Center (UC) Zones • SD: Special District (encompassing the Parks (P), Community Purpose Facility (CPF) and the University /Regional Technology Park (U) Zones Planning Commission Items 4b & 4c 5 -14 -2014 Page 9 Viewed as a series of sections from the south to the north, the site ranges from the open space T- 1 transect (OS and OP Zones) to the more intense urban development of the T -5 (UC Zone) transect (see Attachment 4 — Regulating Plan). Each of these zones then regulates the building configuration, lot configuration, setbacks and encroachments for the various zones identified in the Regulating Plan. Thirteen separate building configurations are permitted within Village 9 from the Conventional Homes in the south to the Stacked, Live /Work and the Commercial Block units in and around the Eastern Urban Center and Town Center. Building Configuration standards (Section 3.4 of the FBC) identify specific regulations for the design of buildings and the layout of lots to regulate important characteristics (pedestrian and vehicular access, open space, location of parking, etc.). The FBC also establishes general regulations (parking, temporary uses, lighting, etc.) that apply in all of the zones, as well as street standards that define the public realm. The implementation/administration of the FBC includes a number of features, the following two of which are important to note: • Intensity Transfers: The FBC permits the transfer of intensity /units between Planning Areas under certain circumstances. This is an administrative process, conducted by the Zoning Administrator to ensure that Village 9 maintains the intended minimum levels of intensity. The SPA Plan provides a target number of units and a range of non - residential square footage. But, the SPA also recognizes the need for flexibility in planning to accommodate future development constraints and market demand. Any project that is not in exact conformance with the Site Utilization Plan Table requires an intensity transfer. Any transfer of intensity /units between planning areas with the same land use is permitted provided the transfer is: • consistent with the SPA Plan; • consistent with the circulation system and the technical studies of the associated Environmental Impact Report (EIR) as related to infrastructure; • the overall target intensity of 4,000 residential units and 1,500,000 square feet of non - residential floor area is not exceeded; and • a combined minimum total of 500,000 is maintained in the remaining planning areas. Any other type of transfer will require a SPA Amendment. • Monitoring: Since the Village 9 FBC permits intensity transfers, monitoring is necessary to ensure compliance with the FBC and SPA documents. The FBC establishes Intensity Monitoring Tables that are to be reviewed as part of the application completeness process. The applicant is also required to address and update the applicable SPA sections and tables as applications are brought forward. Circulation The Village 9 Circulation and Corridor Design Plan provides for a system of roadway and trail corridors to support both vehicular and non - vehicular modes of transportation to serve the community. This system includes the extension of existing and planned roads, trails and transit Planning Commission Items 4b & 4c 5 -14 -2014 Page 10 from adjacent villages as well as internal systems to serve the village. Streets within the village are designed as "complete" streets in that they enable safe access for all users including pedestrians, bicyclists, motorists and transit riders. Complete streets provide the following benefits: • Improved safety for all users by providing adequate facilities for all users and reducing traffic speeds. • Balanced transportation systems that provide direct connections, variety of transportation choices and reduced traffic congestion. • Opportunities for healthier, more active lifestyles that include walking and bicycling. • A potential reduction in carbon emissions and dependence on oil by shifting trips to non - motorized and alternative modes of transportation. Regional access to the Village 9 project site is currently provided by SR -125 via Birch Road to the Eastlake Parkway terminus at Hunte Parkway. Future improvements will connect Main Street (formerly Rock Mountain Road) from its current terminus at Olympian High School through the site in an east -west direction, connecting Village 9 to Village 8 East to the west, and the University and Village 11 to the east. The Otay Ranch GDP plans for, and the SPA Plan implements, the eventual expansion of the regional transit system by including stops for a planned Rapid Bus route along Main Street. The SPA Plan also plans for local transit. In addition, future improvements will bring Otay Valley Road through the site in an east -west direction, connecting Village 9 to Village 10. The SPA Plan also implements the regional transit goals of the Otay Ranch GDP by providing for the expansion of the South Bay Bus Rapid Transit (BRT) system. The BRT will run through Village 9 in the center of Street `B" (the street between Village 9 and the UPID) and then continue west along Otay Valley Road. The route then heads south on SR -125 to the Otay Mesa border crossing. A transit station is planned to be located at the intersection of Street `B" and Campus Boulevard that will provide regional users access to the Town Center and UPID. The South Bay BRT will eventually connect the border region to downtown San Diego. As mentioned earlier, the Village 9 Town Center is designed around a "spindle," or one -way pair of streets bisecting the western edge of the Town Center and the eastern edge for the Town Center will be defined by the Transit Boulevard where the Bus Rapid Transit (BRT) transit line will create the University's western boundary. The Town Center street grid (with blocks sizes averaging 250 -ft. x 350 -ft.), will promote increased connectivity and provide multiple points of access for pedestrians, bicyclists, transit users, and vehicles. (See Attachment 5 — Vehicular Circulation). Parks, Open Space and Trails The SPA Plan identifies and describes park, recreation, open space and trail facilities and their implementation within the proposed community. A pedestrian network is established through a Planning Commission Items 4b & 4c 5 -14 -2014 Page 11 network of trails, pathways, parks and open spaces. A 14 -acre Neighborhood Park will be the major park element of Village 9, located in the heart of the Town Center. In addition, Town Squares will be provided in each of the two urban districts, with a 3 -acre site located on the edge of the Eastern Urban Center, and a 1 -acre site located in the "spindle" of the Town Center. There are also three Pedestrian Parks located in the lower density residential neighborhoods. Park GG is a 3 -acre site located in the middle of these neighborhoods south of Otay Valley Road, and Parks HH and II are 1 -acre and 3 -acre sites respectively that will be located on the preserve edge offering residents passive recreational opportunities. Parks HH and 11 will also provide residents and regional trail user's access to the Otay Valley Regional Park (OVRP). In addition to the parks provided on -site, Village 9 proposes to provide 9 -acres of community parkland as part of the 70 -acre park planned in the Villages 4 and 8 West area. The Village 9 SPA Plan also provides four open space areas totaling 9.6 -acres along the southern project boundary adjacent to or within the Otay Valley Preserve, in conformance with the overall open space element of the Otay Ranch. Consistent with the requirements of the Otay Ranch Resource Management Plan, the proposed project must convey land to the Otay Ranch Preserve. Each 1 -acre of developed land requires the dedication of 1.188 acres of land to the Otay Ranch Preserve, to be conveyed with the approval of each Final Subdivision Map. Pursuant to the requirements, Village 9 has an obligation to provide approximately 237.8 acres to the preserve. The Village Pathway is a multi -use trail that allows bicycles and pedestrians to travel between village cores and town centers off - street that will eventually connect all of the village cores within all of the villages of Otay Ranch. In Village 9, the village pathway will traverse the site through the Town Center along Campus Boulevard. It will enter the village from the University to the east and bisect the 14 -acre Neighborhood Park before crossing the SR -125 via a 15 -ft. wide pedestrian and bicycle bridge that will connect Village 9 to Village 8 -East (See Section 6 — Pedestrian Circulation). The Regional Trail is a 10 -foot decomposed granite path that will enter and exit Village 9 along the south side of Otay Valley Road west to east. The Regional Trail will also provide access from Village 9 to the Otay Valley Regional Park. The proposed Tentative Map identifies where that connection will be made and Conditions No. 30 and 31 address the subsequent design, funding and construction of the connector trail. Public Facilities The SPA Plan describes the public facility needs associated with the Village 9 land plan. More specifically, the SPA Plan addresses the following facility needs: potable water, recycled water, sewer service, storm water drainage, urban runoff, public schools, child care facilities, police and fire service, library services, civic facilities and regional facilities. Please refer to the SPA Plan (Enclosure 1) pages 8 -1 through 8 -10 for more details. Planning Commission Items 4b & 4c 5 -14 -2014 Page 12 Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA) The PFFP, prepared for the city by Pacific Municipal Consultants (PMC), addresses all of the public facility needs associated with Village 9. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 — Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and policies of the City's General Plan, GMP, GMO and the Otay Ranch GDP. The PFFP analyzes the demand for facilities based upon the project's land use and transportation phasing plan. When specific thresholds are projected to be reached or exceeded, the PFFP provides recommended mitigation necessary for continued compliance with the City of Chula Vista's GMP, GMO and associated Quality -of -Life Threshold Standards. The PFFP does not propose a different development phasing from that proposed by the Village 9 SPA Plan, but may indicate that the development should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Quality of Life Threshold Standards. The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation yard, and other city administrative facilities. The PFFP also includes a Fiscal Impact Analysis (FIA) of the Village 9 plan and phasing program that was prepared by PMC as well. The Village 9 FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation of all of the Chula Vista SPAS. The Framework utilizes the City of Chula Vista budget to identify and allocate variable revenues and costs that grow proportionally with incremental development, and sets up a consistent method to calculate revenue and cost impacts that may change according to the specific development program. Such variables include property taxes, vehicle license fees, sales tax receipts, and transient occupancy tax receipts. Based on the FIA and the assumptions contained therein, annual fiscal impacts are negative from Year 1 through Year 10 (assuming an Expenditure Real Inflation Rate of 0 %). In the first year there is a net fiscal deficit of approximately $176,400, which spikes in Year 6 at $314,000 and turns positive in Year 11 with a surplus of approximately $195,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $727,500 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the early years' deficit. With more non - residential (office and commercial) development underway beginning in Year 6, the deficit declines due to increased property and sales taxes. From Year 11 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years. CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (Appendix A, SPA Plan). Planning Commission 5 -14 -2014 Page 13 Community P=ose Facilities Items 4b & 4c CVMC 19.48 requires the provision of 1.39 acres of land per 1,000 persons be zoned for Community Purpose Facilities (CPF) when creating a SPA Plan. This requirement may be reduced or complied with in an alternative manner based on the availability of shared parking for the use or through the provision of an extraordinary public benefit provided certain requirements are met. Pursuant to the provisions of the Land Offer Agreement (LOA), the Applicant agreed to provide a minimum of 4 acres of CPF land per village. The applicant is proposing to satisfy this requirement by designating two parcels for CPF uses. Parcel J is a 2.3 -acre site located within the spindle of the Town Center, and Parcel X is a 2.6 -acre site located within the spindle in the Mixed -Use Residential district. In addition, the Applicant is providing the extraordinary benefit of 50 acres of land for the UPID and 160 acres of preserve land. This public benefit would not have been obtained through the standard provision of land in each village and is similar in nature to other uses permitted within the CPF designation. The land will be available for UPID uses in compliance with the LOA. Tentative Subdivision Map (PCS- 09 -05) The Village 9 Tentative Map covers 323.1 acres of land, and provides a 50 -acre irrevocable offer of dedication for the LIPID. The proposed subdivision of the remaining 273.1 acres of land includes 32 multi - family development parcels and three single - family neighborhoods with 105 lots. There are two Community Purpose Facility (CPF) sites, two Elementary School sites, and five park sites. There will be approximately 10 acres of Open Space, and approximately 26 acres of land devoted to major roads and freeway right -of -way. The multi - family parcels may be resubdivided as development projects are submitted. The SPA Plan and the design process described in the Form Based Code will control the dwelling unit counts within each of these larger parcels and ensure that development occurs in an orderly manner. The overall grading concept results in a development site that is sloped from the north to the south. The grading proposes a balanced grading program with approximately 6.2 million cubic yards of cut and fill. In compliance with the requirements of the City's General Plan and the Otay Ranch GDP, contour grading techniques will be utilized on all manmade slopes. Fire Protection Plan The City requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. Planning Areas are broken into Fuel Management Zones (FMZ). Planning Area A is assigned three 50 -foot zones that permit specific plant types and planting requirements. Zone 1 is typically adjacent to a rear property line and is 50 feet in width; however, it also includes some of the backyard areas in Neighborhoods V and P, and would prohibit structures being built within it. Zone 2 will extend from 50 to 100 feet, and Zone 3 extends from 100 to 150 feet and is adjacent to the preserve. A detailed plant list included in the FPP identifies the plant palette and planting and maintenance requirements for each of these Planning Commission Items 4b & 4c 5 -14 -2014 Page 14 zones. Planning Area B consists of two zones that are adjacent to the rear property line and 50 feet in width. Zones 1 and 2 have the same requirements as Planning Area A Zones 1 and 2; however they have a different plant palette as described in the FPP. Planning Area C is composed of steep manufactured interior slopes that contain 2:1 slopes or greater and an elevation change of at least 10 feet. This zone varies in width depending on the size of the slope. Types and spacing of plants, trees and shrubs are outlined in the Landscape Master Plan. All three of the single - family lotted (Planning Areas DD, EE, and FF) and one multi - family (Planning Area CC) are located adjacent to Urban Wildlife Interface and Off -Site Fuel Management Zones. Because of their proximity to these areas, an off -site fuel management program shall be provided prior to a final map approval for these planning areas. Please refer to the Fire Protection Plan for more details (Appendix F, SPA Plan, Figure 10, Fuel Management Zones: Perimeter and Managed Spaces). Affordable Housing Plan (AHP) The Chula Vista General Plan Housing Element contains objectives, policies and action programs to accomplish key affordable housing objectives. Within Village 9 SPA Plan, compliance with the affordable housing requirements of the City's General Plan and the Otay Ranch GDP are required, including that 10 percent or 400 of the total 4,000 units be affordable to low and moderate income households (200 units to low income households, 200 units to moderate income households). The AHP identifies that the affordable housing sites will be located within multi - family neighborhoods within, or immediately adjacent to the Town Center, in close proximity to public transportation, schools, parks, retail commercial and community purpose facilities. Other SPA Supporting_ Appendices Documents The Village 9 SPA Plan includes other appendix documents, such as the Air Quality Improvement Plan (Appendix B, SPA Plan), the Nonrenewable Energy Conservation Plan (Appendix C, SPA Plan), the Preserve Edge Plan (Appendix D, SPA Plan), and the Water Conservation Plan (Appendix G, SPA Plan) for further review and in compliance with SPA planning requirements. DECISION -MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware, nor has staff been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. Planning Commission Items 4b & 4c 5 -14 -2014 Page 15 RELATIONSHIP TO THE CITY'S STRATEGIC PLAN The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Village 9 Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master - planned communities). The Village 9 implementation documents (the SPA Plan and TM) support the development of a quality master - planned community (as described above) and allow the City the opportunity to accept lands for the LIPID, as agreed to in the LOA between the City and the Otay Land Company, which will provide access to higher education for the citizens of Chula Vista and south bay. CONCLUSION The proposed land uses, development intensities and grading program directly implement the provisions of the City's General Plan and the Otay Ranch General Development Plan. The proposed project provides all of the public facilities required by the Otay Ranch GDP. The further development of the EUC and the development of a University Town Center along with the Bus Rapid Transit (BRT) system further implement pedestrian- oriented policies in conformance with the goals, objectives and policies of the General Plan and the Otay Ranch GDP. CURRENT YEAR FISCAL IMPACT The processing for the SPA Plan, Tentative Map and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city on the Village 9 project. ONGOING FISCAL IMPACT As noted earlier in this report, a Fiscal Impact Analysis (FIA) was prepared for the Village 9 SPA Plan and TM. As presented in more detail in the PFFP chapter of the SPA Plan (Appendix A, SPA Plan), and based on a set of development phasing assumptions, annual fiscal impacts are negative from Year 1 through Year 10 (assuming an Expenditure Real Inflation Rate of 0 %). In the first year there is a net fiscal deficit of approximately $176,400, which spikes in Year 6 at $314,000 and turns positive in Year 11, with a surplus of approximately $195,000. The fiscal surplus grows to an annual net fiscal surplus of approximately $727,500 by build out, Year 20. Residential units are primarily constructed during the early years of the project which produce greater costs than revenues, creating the deficit. With more non - residential (office and commercial) development underway beginning in Year 6, the deficit declines due to increased property and sales taxes. From Year 11 to buildout (Year 20) revenues exceed expenditures due to the significant increases in retail and office development during those years. Because the Chula Vista Municipal Code requires that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues ", a condition of approval (Condition No. 13) has been added to the Tentative Map that requires the applicant enter into an agreement to provide such funding prior to the first final map. Planning Commission 5 -14 -2014 Page 16 Attachments: 1. Locator Map 2. Site Utilization Plan 3. Site Utilization Plan Table 4. Regulating Plan 5. Vehicular Circulation Exhibit 6. Pedestrian Circulation Exhibit Enclosures: 1. Village 9 SPA Plan (on disc) 2. Village 9 TM (on disc) Prepared by: Scott Donaghe, Principal Planner, Development Services Department Items 4b & 4c RESOLUTION NO. PCM -09 -19 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS/DESIGN PLAN (FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PLAN AND OTHER REGULATORY DOCUMENTS ON APPROXIMATELY 323 ACRES OF LAND IN THE VILLAGE 9 PORTION OF THE OTAY RANCH WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit "A" which is incorporated into the Resolution by this reference, and for the purpose of general description consists of approximately 323.1 acres (APN # 644 - 070 -10 -00 and a portion of 646- 010- 05 -00) generally located south of the existing terminus of Eastlake Parkway and Hunte Parkway and east of SR -125 ( "Project Site "); and WHEREAS, on July 30, 2009, a duly verified application requesting approval of a Sectional Plan Area (SPA) Plan (PCM- 09 -19) was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, said Applicant requests approval of a SPA Plan and Appendices, which are incorporated therein, including Planned Community District Regulations / Development Code (Form Based Code), to develop 323.1 acres with up to 3,895 multi- family residential units, 105 single - family residential units, and up to 1,500,000 square feet of office and commercial uses (Project) on said Project Site; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA- 09 -01, and Otay Ranch General Development Plan Amendment GDPA 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH #2004081066 (SEIR 09- 01); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and determined that the Project would result in a significant impact to the environment, and therefore a Second -Tier Environmental Impact Report CV EIR 10 -04 has been prepared; and, WHEREAS, the Planning Commission finds that Environmental Impact Report (EIR 10 -04) has been prepared in accordance with the requirements of CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; and , WHEREAS, the Development Services Director set the time and place for a hearing by the City of Chula Vista Planning Commission on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and Resolution PCM 09 -19 May 14, 2014 Page -2- WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 14, 2014, in the City Council Chambers in Building A, 276 Fourth Ave. before the Planning Commission, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of a Sectional Planning Area (SPA) Plan for Otay Ranch Village 9 SPA (PCM- 09 -19) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council: (1) adopt a resolution approving the Otay Ranch Village 9 SPA Plan (PCM 09 -19) including: Planned Community District Regulations and Design Plan (Form Based Code); Public Facilities Finance Plan; Affordable Housing Plan and other regulatory documents; and (2) approve an Ordinance adopting the Planned Community District Regulations (Form Based Code), all on 323.1 acres of land in Village 9 in accordance with the findings contained in the attached Draft City Council Resolution and Ordinance and Exhibits thereto, and (3) that a copy of this Planning Commission Resolution and Draft City Council Resolution and Ordinance and Exhibits thereto be transmitted to the City Council. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of May 2014, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chairperson Patricia Laughlin, Secretary LOCATOR (D NORTH ink I ruol, PROJECT LOCATION .• Vista "001, f Gh:�•' *.ego ' G��nty Of San cod \ .• EXHIBIT "A" Resolution PCM -09 -19 RESOLUTION NO. PCS -09 -05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE MAP CVT -09 -05 (PCS- 09 -05) FOR THE OTAY RANCH VILLAGE 9 PROJECT WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit "A" which is incorporated into the resolution by this reference, and for the purpose of general description consists of approximately 323.1 acres (APN # 644 - 070 -10 -00 and a portion of 646- 010- 05 -00) generally located south of the existing terminus of Eastlake Parkway and Hunte Parkway and east of SR -125 ( "Project Site "); and WHEREAS, on July 30, 2009, a duly verified application requesting approval of a Tentative Subdivision Map Chula Vista Tract No. 09 -05 (PCS- 09 -05) was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, Applicant requests approval of a Tentative Map to divide approximately 323.1 acres into parcels for the development of up to 3,895 multi - family residential units, 105 single - family residential units, and up to 1,500,000 square feet of office and commercial uses ( "Project ") on said Project Site; and WHEREAS, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and determined that the Project would result in a significant impact to the environment, and therefore Village 9 Sectional Planning Area and Tentative Map Environmental Impact Report EIR -10 -04 (EIR- 10 -04) has been prepared; and WHEREAS, the Development Services Director set the time and place for a hearing by the City of Chula Vista Planning Commission on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 14, 2014, in the City Council Chambers in Building A, 276 Fourth Ave. before the Planning Commission, and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council certify EIR -10 -04 and adopt, subject to the conditions and in accordance with the findings contained in the attached Draft City Council Resolution and Exhibit thereto, a resolution approving the Project and that a copy of this Planning Commission Resolution and Draft City Council Resolution and Exhibit thereto be transmitted to the City Council. Resolution PCS 09 -05 May 14, 2014 Page -2- Presented by: Kelly Broughton, FASLA Development Services Director Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of May 2014, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chairperson ATTEST: Patricia Laughlin, Secretary LOCATOR (D NORTH 000000 PROJECT LOCATION Vista •' , • city 00 OID { Gh��: • p e9° O C r►tY \ an \ C 00000 .• EXHIBIT "A" 191 t RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS /DESIGN PLAN (FORM BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PLAN AND OTHER REGULATORY DOCUMENTS ON APPROXIMATELY 323 ACRES OF LAND IN THE VILLAGE 9 PORTION OF THE OTAY RANCH I. RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Otay Ranch Village 9, and for the purpose of general description herein consists of approximately 323.1 acres generally located southwest of the existing terminus of Eastlake Parkway and Hunte Parkway and east of SR -125 (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, on July 30, 2009, a duly verified application requesting approval of Sectional Plan Area (SPA) Plan (PCM- 09 -19), was filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, the proposed SPA Plan is entitled "Sectional Planning Area Plan, Village 9, December 2013" which includes and is incorporated therein all of the attached Appendices, on file in the Office of the City Clerk; and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a General Plan Amendment GPA- 09 -01, and the Otay Ranch General Development Plan Amendment GDPA 09 -I1, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH #2004081066 (SEIR 09 -01); and D. Environmental Determination WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has Resolution No. Page 2 prepared the Village 9 Sectional Planning Area and Tentative Map Environmental Impact Report CV -EIR 10 -04; and E. Planning Commission Record of Application WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 14, 2014, and voted X -X -X -X to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on May 14, 2014 and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council on June 3, 2014 in the Council Chambers in the City Hall, Chula Vista Civic Center, 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. The proceedings and any documents submitted to the City Council as the decision - makers shall comprise the entire record of the proceedings; and WHEREAS, immediately prior to this action, the City Council reviewed and certified Final EIR 10 -04 (FEIR- 10 -04) and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution XXXX. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: Resolution No. Page 3 II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, reviewed and certified FEIR -10 -04 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, which are attached to this Resolution as Exhibit "B ". IIl. SPA FINDINGS A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS SEVERAL ELEMENTS. The proposed Village Nine SPA Plan reflects land use designations, circulation, and public facilities that are consistent with the Otay Ranch General Development Plan and the City of Chula Vista General Plan. The proposed SPA Plan is compatible with previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed SPA Plan can be planned and zoned in coordination and substantial compatibility with surrounding development. B. THE PROPOSED SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The proposed Village Nine SPA Plan will promote the orderly sequentialized development of the SPA Plan area because the project will be developed in a manner that is consistent with the project's Form Based Code, Phasing Plan, and Public Facilities Financing Plan. C. THE PROPOSED SPA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed SPA Plan has been reviewed and has been determined to be consistent with the overall land use pattern and circulation system envisioned in the Otay Ranch General Development Plan. Environmental Impact Report FEIR - 10 -04 and its associated Mitigation Monitoring and Reporting Program have been prepared and any impacts associated with the proposed SPA Plan would be mitigated to the extent feasible. Thus, the proposed SPA Plan, as a whole, would not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. Resolution No. Page 4 IV. CONDITIONS OF APPROVAL 1. Prior to approval of any land development permits, the Applicant shall demonstrate that the applicable Air Quality Improvement Plan (AQIP) project design features and measures outlined in the Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 2. Prior to issuance of building permits or approval of landscape construction plans, the Applicant shall implement the applicable mandatory water quality conservation measures of the Water Conservation Plan of the SPA Plan. 3. The Applicant shall develop the Project site as described in the Project Description of the Final Environmental Impact Report (FEIR- 10 -04). 4. The Applicant acknowledges that this approval shall constitute approval of the SPA Entitlements as set forth under that certain First Amendment to the LOA, recorded on March 20, 2013 as Document No. 2013 - 0176117. 5. Prior to approval of any Project proposing private development of property designated for a school use, prior to the expiration of the school site reservation, the Applicant shall: a. Provide evidence and proof of agreement from the applicable school district that the site has not been determined by the district to be needed for use as a school site. b. Obtain approval of a SPA and Administrative Amendment approving the underlying use for the site(s) pursuant to SPA Section 9.3.2.13. 6. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For the purpose of this document "Developer" shall have the same meaning as "Applicant." 7. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions and /or seek damages for their violation. 8. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and Resolution No. Page 5 employees harmless from and against any and all claims, liabilities and costs, including attorneys' fees, arising from challenges to the Village 9 Sectional Planning Area Plan and Tentative Map Environmental Impact Report (CV- EIR- 10 -04) Mitigation Monitoring and Reporting Program for the Project, the Otay Ranch Village 9 Sectional Planning Area (SPA, PCM- 09 -19) Plan, and /or any and all entitlements issued by the City in connection with the Project. The Applicant and the City agree that the indemnity provisions contained in the Development Agreement satisfy this condition. 9. The Applicant shall comply with all conditions of approval, guidelines, policies, and any other applicable requirements of the following plans and programs, as amended from time to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance, CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Design Manual; Chula Vista Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan (RMP) Phase 1 and Phase 2, including the Preserve Conveyance Schedule; City of Chula Vista Adopted Parks and Recreation Master Plan, Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village 9 Sectional Planning Area (SPA, PCM- 09 -19) Plan and supporting appendices, including: Public Facilities Finance Plan (PFFP), Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Agricultural Plan, Fire Protection Plan, Non - Renewable Energy Conservation Plan, Preserve Edge Plan, and Water Conservation Plan (WCP), as amended from time to time; and Village 9 Tentative Map (TM) CVT- 09 -05. The Project shall comply with all mitigation measures specified in the Otay Ranch Village 9 Sectional Planning Area Plan and Tentative Map Environmental Impact Report (CV- EIR- 10 -04) Mitigation Monitoring and Reporting Program, to the satisfaction of the Development Services Director. 10. The Applicant acknowledges and agrees to comply with the provisions of the City of Chula Vista Greenbelt Master Plan (September 16, 2003) as expressed in the SPA Plan. 11. The Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. Overall park obligation shall be met through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Development Services. Resolution No. Page 6 12. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Development Services and the City Engineer. 13. The Applicant shall enter into supplemental agreement(s) with the City, prior to approval of each Final Map for any phase or unit, whereby: a. The Developer agree(s) that the City may withhold building permits for any units within the Project Site in order to have the Project comply with the Growth Management Program; or, if any one of the following occur: i. Regional development threshold limits set by a Chula Vista transportation - phasing plan, as amended from time to time, have been reached. ii. Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. iii. The project's required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the project entitlements including the Development Agreement to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the - PFFP may be amended after review and approval by the City's Director of Development Services and the City Engineer. The Developer agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for the Project if the project's required public facilities, as identified in the PFFP or in accordance with the Development Agreement are not meeting the City's standard operating thresholds. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 14. After final SPA approval, the Applicant shall submit electronic versions of all SPA documents, including text and graphics, to the Development Services Department in a format specified and acceptable to the Development Services Director. 15. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted for approval by the City of Chula Vista Fire Marshall. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: Resolution No. Page 7 a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Marshall. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshall. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshall. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer have each read, understood and agreed to the conditions contained in Resolution No. , and will implement same to the satisfaction of the Development Services Director. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and /or Developer, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner /Developer's desire that the project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Resolution No. Page 8 Signature of Property Owner Signature of Developer Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS Date If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City Council so determines in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect ab initio. BE IT FURTHER RESOLVED that based on the above - referenced Findings and Conditions of Approval the City Council does hereby approve the Village Nine SPA Plan. Presented by: Kelly Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney EXHIBIT "Al' A.012 �• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE 9 WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "A" attached hereto and incorporated herein by this reference and commonly known as Otay Ranch Village 9, which consists of approximately 323.1 acres generally located south of the existing terminus of Eastlake Parkway and Hunte Parkway and east of SR -125 (Property); and WHEREAS, an application (PCM- 09 -19) to consider a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations / Development Code (Form Based Code) for Village Nine (Project) was filed with the City of Chula Vista Development Services Department on July 30, 2009, by Otay Land Company, LLC ( "Applicant' and "Owner "); and WHEREAS, the Project is intended to ensure that the Otay Ranch Village 9 SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable Otay Ranch Village 9 to exist in harmony within the community; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA- 09 -01, and Otay Ranch General Development Plan Amendment GDPA 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution); and WHEREAS, the development of the Property relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH 42004081066 (SEIR 09 -01); and the Findings of Fact and Mitigation Monitoring and Reporting Program, previously adopted on February 26, 2013; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, which is applicable to the Otay Ranch Village 9 SPA Plan; and WHEREAS, the Project establishes a Form Based Code applicable to the Open Space Preserve District, Open Space District, Neighborhood Edge District, Neighborhood General District, Neighborhood Center District, Urban Neighborhood District, Town Center District, Urban Center District, Park District, Community Purpose Facility District, and University/RTP District, located in the Otay Ranch Village 9 SPA Plan; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore, the Village 9 Sectional Planning Area and Tentative Map Environmental Impact Report (EIR 10 -04) was prepared; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14, 2014, in the City Council Chambers in Building A, 276 Fourth Avenue, and the Planning Commission voted X -X -X -X to approve Planning Commission Resolution PCM -09 -19 recommending to the City Council approval of the Project; and WHEREAS, a duly.noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and Whereas, the proceedings and any documents submitted to the City Council as the decision - makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 14, 2014 and the Minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision- makers, shall comprise the entire record of the proceedings for any CEQA claims. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and certified EIR -10 -04 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Village 9 SPA Planned Community District Regulations (Form Based Code), finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans, as set forth in Resolution adopting the Village 9 SPA Plan, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Kelly Broughton, FASLA Development Services Director Approved as to form by Glen R. Googins City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of May, 2014, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Cheryl Cox, Mayor ATTEST: Donna Norris, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of May, 2014. Executed this 14th day of May, 2014. Donna Norris, City Clerk EXHIBIT "A" IP3IMAN CITY COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT -09 -05 (PCS- 09 -05) FOR THE OTAY RANCH VILLAGE 9 PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN I. RECITALS WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A ", attached hereto and incorporated herein by this reference for the purpose of general description consists of 323.1 acres, and identified in County Assessor Records as APN # 644 - 070 -10 -00 and a portion of 646 - 010- 05 -00, (Project Site); and WHEREAS, on July 30, 2009, duly verified applications requesting approval of a Tentative Subdivision Map (PCS- 09 -05), Chula Vista Tract No. 09 -05 (Tentative Subdivision Map), Sectional Plan Area (SPA) Plan (PCM- 09 -19), General Development Plan (PCM- 09 -11) (GDP), and General Plan Amendment (GPA- 09 -01), were filed with the City of Chula Vista Development Services Department by Otay Land Company, LLC.( "Applicant" and "Owner "); and WHEREAS, the development of the Project Site has been the subject matter of General Plan Amendment GPA- 09 -01, and the Otay Ranch General Development Plan Amendment GDPA- 09 -11, previously approved by the City Council on February 26, 2013, by Resolution No. 2013 -029 (GPA/GDPA Resolution) wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch General Plan and General Development Plan Amendment Supplemental Environmental Impact Report No. 09 -01, SCH #2004081066 (SEIR- 09 -01); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality 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 Tentative Map Environmental Impact Report EIR - 10-04, SCH #2010061090 (EIR- 10 -04); and WHEREAS, on June 3, 2014, the Applicant obtained approval of the Otay Ranch Village 9 Sectional Planning Area (PCM 09 -19) establishing the pattern of land uses and circulation, polices to guide the development of the Project Site, and establishing the zoning for the property, wherein the City Council, in the environmental evaluation of said Sectional Planning Area, reviewed, considered and certified Final EIR -10 -04 (FEIR- 10 -04) and adopted the Findings of Fact, Statement of Overriding Considerations, an Mitigation Monitoring and Reporting Program, pursuant to Resolution XXX; and WHEREAS, said Applicant requests approval of a Tentative Map to subdivide 323.1 Acres into parcels supporting up to 3,895 multi - family residential units, 105 single - family residential units, and up to 1,500,000 square feet of retail and office uses (Project) on said Project Site; and Resolution No. 2013 - Page 2 WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property' owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 14, 2014; the Planning Commission took public testimony; heard staffs' presentation; and reviewed and considered EIR- 10 -04, and the Project; and WHEREAS, following staff s presentation and hearing of public comments, the Planning Commission considered all evidence and testimony presented and voted X -X -X -X to recommend that the City of Chula Vista City Council certify FEIR -10 -04 and approve the Project; in accordance with the. Findings and subject to the conditions contained in this Resolution; and WHEREAS, following the Planning Commission's public hearing on the Project, a hearing time and place was set by the City Council for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the 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 WHEREAS, immediately prior to this action, the City Council reviewed and certified FEIR -10- 04 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution XXXX. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on May 14, 2014, including their vote upon Planning Commission Resolution No. PCM -09 -19 recommending approval of the Project, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, on June 3, 2014, reviewed and certified FEIR -10 -04 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program by Resolution XXX. Resolution No. 2013 - Page 3 IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for the Otay Ranch Village 9 Project (Project), is in conformance with the elements of the City's General Plan, based on the following: Land Use and Circulation The Project is consistent with and implements the Otay Ranch Village 9 Sectional Planning Area (SPA) Plan by establishing developable parcels, public improvements and public facilities that will create an intensified mixed -use Town Center and other complementary land uses, including community purpose facilities, public schools and parks, and residential neighborhoods that offer a variety of housing types and densities. The Eastern Urban Center and the Town Center would be comprised of integrated commercial, residential and office uses that would encourage use of alternative modes of transportation and reduce reliance on the automobile. The Project will be designed to encourage residents to utilize alternative modes of transportation such as the Bus Rapid Transit (BRT) service, the rapid bus service, the SR -125 Village Pathway Bridge, pedestrian sidewalks and trails, and bicycle lanes. The Project has been designed to include a vehicle circulation system that complies with the requirements of the City of Chula Vista's General Plan, Otay Ranch General Development Pland and Otay Ranch Village 9 SPA Plan. The circulation system includes a pair of one -way streets or a spindle in the Town Center, and a Transit Boulevard for the BRT. Reduced lane widths and bulb -outs at intersections will enhance pedestrian comfort and safety in the EUC, Town Center, and Mixed -Use Residential districts. The construction of the circulation system will be phased in accordance with the Village 9 SPA's Public Facilities Financing Plan (PFFP), such that the development of the circulation system will respond to planned growth and maintain acceptable levels of service, as required by the City's Growth Management Program. 2. Economic Development The Project will contribute to the economic base of the City by providing a dense urban environment with a street grid system in the Eastern Urban Center, Town Center, and Mixed Use Residential districts that will be a high - quality, energy- efficient employment center that includes commercial, office and multi - family residential uses, that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. Approval of the Project will help achieve the General Plan objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. Public Facilities and Services To fulfill educational needs of students residing in Village 9, two elementary 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 Elementary School District would be able to accommodate the additional students generated by the Project, and the existing schools would not be adversely impacted by the approval of the Project. Resolution No. 2013 - Page 4 The Project Site is within the boundaries of the City of Chula Vista wastewater services area. Sewer capacity needs for the Project, in conjunction with long -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, which are included as Conditions of Approval for the Project. Based on these requirements, no adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the Project. The Project has been conditioned to dedicate parkland for a 14 -acre Neighborhood Park, two town square parks, and three pedestrian parks, for a total of 27.5 acres. Another 9 acres will be provided by property 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 actual park facilities and amenities will be determined in conjunction with the park master plan process for each individual park. The applicant will also be required to pay park acquisition and development fees prior to issuance of Final Maps/building permits. The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. Project construction will be required to comply with the applicable California Green Building Standards, the City's Green Building Standards and the City's Energy Efficiency Ordinance in affect at the time of building permit issuance, and therefore energy - efficient homes will be developed. 4. Housing The Project will provide a variety of housing types, including single -and multi - family residential home ownership opportunities, as well as affordable housing opportunities, as required by the Affordable Housing Plan prepared for Project. The Project has been conditioned to require that the Applicant enter into an agreement to provide affordable housing prior the approval of the first Final Map. Thus the Project is consistent with the Housing Element of the City's General Plan by providing additional opportunities for high - quality, market -rate single - family residential home ownership in the southwestern portion of the City. 5. Growth Mana em�ent The Project is in compliance with applicable Growth Management Element requirements because a PFFP has been prepared as required by the Growth Management Ordinance. These PFFP requirements have been included in the Project's conditions of approval. 6. Environmental The Project EIR -10 -04 addressed the goals and policies of the Environmental Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Resource Management Plan requires Resolution No. 2013 - Page 5 conveyance of 1.188 acres of land to the Otay Ranch Preserve for every one -acre of developed land prior to approval of any Final Map, which is equivalent to approximately 237.8 acres. The Project has been conditioned to dedicate Multi - species Conservation Plan (MSCP) open space preserve lands prior to approval of the Final Map. The Project is consistent with the requirements of the Otay Ranch Resource Management Plan (RMP) and MSCP Subarea Plan. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities: C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for development because it will be developed in conformance with the Otay Ranch Village 9 SPA Plan and EIR- 10 -04, which contain provisions to ensure that the site is developed in a manner that is consistent with the standards established by the City for a master — planned community. E. The conditions herein imposed on the Project, are approximately proportional both in nature and extent to the impact created by the Project, based upon the City's police powers and evidence provided by the record of the proceedings of EIR- 10 -04. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of 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 Resolution No. 2013 - Page 6 held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Applicant Date Signature of Property Owner Date VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. VIIL INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the Findings contained herein and subject to the Conditions of Approval set forth in Exhibit B attached hereto and incorporated herein by this reference. Presented by: Kelly Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney LOCATOR NORTH MwErplo M WIN . • PROJECT LOCATION Vsta f Ch:i•' pie9° • nty ° oleo C Co f San \ \ 00000 •,• EXHIBIT "A" Exhibit B -Draft Village 9 TM Conditions TENTATIVE MAP CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City Manager or his/her designee. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL /PLANNING AND BUILDING 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 09 -05, generally located south of the existing terminus of Eastlake Parkway and Hunte Parkway and east of SR -125. 2. The Project shall comply with approved General Plan Amendment GPA -09 -01 and General Development Plan Amendment PCM -09 -11 approved February 26, 2013, the Sectional Planning Area (SPA) Plan PCM- 09 -19, approved , 2014 and all supporting documents including but not limited to Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non - Renewable Energy Conservation Plan, and the City of Chula Vista Standard Tentative Map Conditions as outlined in the Subdivision Manual and incorporated herein. Prior to the issuance of the 2,000' residential building permit for the Village 9 Project, the applicant shall obtain approval of a final B map, grading plan and improvement plans that ensures that one of the Community Purpose Facility (CPF) Sites (Either Lot J or Lot X) is graded and in a usable condition, includin installation of necessary access and utilities. Prior to the issuance of the 3,000' residential building permit, the second CPF site shall be graded and in a usable condition as noted above all to the satisfaction of the Development Services Director. 4. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the mitigation measures identified in the Supplemental Environmental Impact Report (CV EIR 09 -01) for Amendments to the Chula Vista General Plan (GPA 09 -01) and Otay Ranch General Development Plan (PCM- 09 -11) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Village 9 Project; and the Otay Ranch Village 9 Sectional PCS -09 -05 2 05/06/2014 Planning Area Environmental Impact Report (CV EIR #10 -04; SCH No. 2010061090) and associated Mitigation Monitoring and Reporting Program (MMRP) for the Village 9 Project, within the timeframe specified in the MMRP. 5. The CC &R's for each HOA within the Village 9 project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as required by the Brown Field ALUCP: NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been informed of the vicinity 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 mixed 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, with the applicable final map, for public use all the public streets shown 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 Otay Ranch Village 9 SPA Plan Final Draft Public Facilities Finance Plan Table 4.1.3 "Project Access and Direct Traffic Mitigation Threshold Requirements" and Table 4.1.4 "Internal Street Improvements ". The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. PCS -09 -05 3 05/06/2014 9. Prior to approval of any final map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 10. In accordance with Subdivision Manual Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any of -site right -of -way or any interest in real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the developer shall comply with the requirements set forth in Subdivision Manual Condition 40. 11. Prior to the approval of the final map for Planning Areas CC, DD, EE, and FF provide an off -site fuel management program per Section 9.4 "Off -Site Fuel Management" of the Fire Protection Plan, and CVMC Chapter 15.38- "Urban Wildland Interface Code ". The Program shall establish the obligations for fuel management that apply to each of the Planning Areas and adjacent off -site properties, including required fuel management zones adjacent to structures, consent from affected off -site property owners, and other applicable requirements to the satisfaction of the Fire Marshal and Development Services Director. The program requirements shall be satisfied prior to the delivery of combustible material to the site, to the satisfaction of the Fire Marshal. 12. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following 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 will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). 14. Prior to the first final map for the Eastern Urban Center, the University Town Center, and the Mixed -Use Residential Districts, the applicant shall submit and obtain approval by the City of a Master Precise Plan and Planned Sign Program for each of these districts. Applicant shall be required to obtain an approval of a Master Encroachment Permit prior to construction of signage in the public right - of -way in each of these districts, to the satisfaction of the City Engineer and Development Services Director. PCS -09 -05 4 05/06/2014 Public Facilities: 15. Prior to the first final map for the planning areas adjacent to SR -125 (or the per the unit/EDU thresholds in the PFFP), developer shall dedicate the right -of -way that is necessary for the SR -125 interchange as depicted in the SR -125 EIR at Main Street and reserve for future acquisition by Caltrans or the applicable public agency the right -of -way for the SR -125 interchange at Otay Valley Rd.. 16. Prior to approval of the first A map for the Project, Applicant shall provide for a pedestrian bridge connecting Village 9 to Village 8 -East (east -west) over SR -125 centered between Main Street and Otay Valley Road, as follows: a. Prior to approval of the first A map for the Project, the Applicant shall provide the preliminary design of said bridge in concert with the Directors of Development Services and Public Works and also identify and establish a Pedestrian Bridge DIF funding mechanism to be used to fund the cost of design, engineering, and construction of said bridge; and b. The Village Pathway and Pedestrian Bridge facility shall be designed in a location to be determined with a minimum deck width of 13 -feet, sufficient for both two -way bicycle and pedestrian users to safely share the Village Pathway and Pedestrian Bridge, to the standards and satisfaction of the Directors of Development Services and Public Works. c. The timing of the construction of said bridge will be determined by the City, consistent with the requirements of the Village 9 SPA Plan, Public Facilities Financing Plan (PFFP; and, 17. Prior to the final B map for the Project containing the 3,074th unit in the Project, the Village Pathway within Village 9, including the pedestrian bridge between Village 9 and Village 8 -East, shall have been constructed and in service. If these facilities are not constructed and in service then one of the following steps shall be required as determined by the Directors of Development Services and Public Works: a. Development in Village 9 shall not proceed until the Village Pathway pedestrian and bicycle bridge is constructed; or, b. City and the developer shall meet to determine whether revised timing 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 Pathway Bridge Development Impact Fee (DIF) for total expenditures in excess of 50- percent of the total cost of the facilities. PCS -09 -05 5 05/06/2014 18. Upon approval of the tentative map, Applicant shall provide an approved (stamped /signed) copy to the Chula Vista Elementary School District ( CVESD). Prior to approval of the first map for the Project, Applicant shall provide evidence of the type of funding compliance mechanism to be utilized to assure proposed school facilities in Planning Areas G and W will be funded for construction to serve students generated by the residential development. 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 designee. 20. Prior to approval of the first final map or the issuance of the first grading permit for the Village 9 Project, whichever occurs first, the applicant shall provide all of the following: a. Evidence satisfactory to the Development Services Director, that the applicant has entered into a binding and properly executed agreement with the City 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 Agreement ") to replace the existing waterlines located within Village 9. b. Evidence that the City of San Diego has abandoned or has agreed to abandon any water main easements not needed as a consequence of the relocation of the City of San Diego waterlines within Village 9. c. Submit grading and improvement plans for the approval of the Development Services Director, including security for completion of said work (or proof of security in which City of Chula Vista has a right thereto), for the construction of new City of San Diego waterlines in accordance with the provisions of the Waterline Agreement. The improvement plans shall depict the closure or abandonment of the existing water lines in accordance with standard engineering practices. d. Enter into an agreement to obtain City approval of a a SPA amendment and /or any other documentation, to the satisfaction of the Development Services Director, should the relocation of the City of San Diego waterline fails to occur. PCS -09 -05 6 05/06/2014 e. Enter into an agreement with the City of Chula Vista to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, causes of action, demands, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of, connected with or incidental to the construction of the new City of San Diego waterlines and the closure and abandonment of the old waterlines, or from any and all City action, conduct or matter related thereto. Affordable Housing: 21. Prior to approval of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations. This agreement shall identify potential affordable housing sites, schedules and the following building permit threshold requirements described in the Affordable Housing Plan: (1) prior to the City's issuance of the 1,600th building permit within Village 9, developer shall commence construction of the Initial Phase of the low and moderate - income housing units, and (2) prior to the City's issuance of the 3000th building permit, Developer shall commence construction of the remainder of required low and moderate - income housing units. "Initial Phase" shall mean 50% of the total number of qualified low and moderate - income housing units. Grading: 22. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping and maintenance access adjacent to the front of the wall. Water Quality: 23. Developer shall agree to remain in compliance with the City's Storm Water Manual, as updated from time to time. 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 City of Chula Vista prior to the first final map. 25. Developer shall further secure and agree to construct all facilities necessary to provide potable, reclaimed and fire flows, both on and off -site to serve the Project as outlined by the sub area master plan, prior to each final map for the project or as approved by the Director of Development Services. 26. Developer shall provide public access including right of way, sidewalks, curb, gutter, storm drain to any land locked parcel created by the project prior to the PCS -09 -05 7 05/06/2014 final map that would include such parcel or would create such condition, as determined by the Director of Development Services. Parks: 27. Prior to approval of the first final map for the Project, the Applicant shall provide the City with an Irrevocable Offer of Dedication (IOD) for at least 9.0 acres of parkland acceptable to the Director of Recreation to be located in the Village 8 West Community Park or in another suitable off -site parkland in another location that would be found acceptable to the Director of Recreation. The 9.0 acre IOD for parkland is for the purpose of meeting 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 neighborhood trail width of 6 feet unless due to physical constraints, such as but not limited to slope areas, a 6 -ft. 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 by the Applicant. 30. Requirements for the planning, development, and construction of the OVRP Regional Trail. a. Prior to the approval of the first final B Map within Village 9 south of Otay Valley Road, the applicant shall dedicate a minimum 10 -ft. wide easement for multi -use trails through the OS -3 Area to connect Parks HH and II to the satisfaction of the Development Services Director. b. Prior to the issuance of the 719'h building permit 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 will be located along an existing disturbed road that runs southwest from Village 9 through the County owned parcel and connects to the existing easement that runs along Wiley Road. c. City shall take such actions necessary to secure the easements needed from the County that will provide for the implementation of the Village 9 PCS -09 -05 8 05/06/2014 Greenbelt Connector Trail. Applicant shall pay for any costs associated with obtaining such easements.. 31. The applicant shall provide the design, and pay for the environmental review, permitting and construction of this trail that will connect Village 9 to the Greenbelt trail along Wiley Road, and the Otay Valley Regional Park. This Connector Trail shall, subject to final design and engineering, be generally located along the existing disturbed road that is located southwest of the project and runs south to Wiley Road (Exhibit ?). This trail will serve as the Village 9 Greenbelt Connector Trail. a. Prior to approval of the First Final A Map within Village 9, the applicant shall submit to the City a deposit sufficient to cover costs for environmental review and permitting of the Village 9 Greenbelt Connector Trail satisfactory to the Development Services Director. b. Prior to the issuance of the first building permit for any residential unit south of Otay Valley Road, applicant shall construct the Connector Trail to the satisfaction of the Development Services Director. L andscaping/W alls /Fences : 32. In place of Subdivision Manual Condition 30 and 33, prior to approval of the first final map the Applicant shall: a. Obtain approval of the Landscape Master Plan for the project. The Landscape Master Plan shall identify a funding mechanism to maintain parks, landscape improvements, trails, open space areas and other improvements in such areas. The contents of the Landscape Master Plan shall contain the major components listed in Master Condition 30(a) thru (h) in the Subdivision Standard Conditions unless waived by the Development Services Director. b. Submit evidence acceptable to the City Engineer and Development Services Director of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, including a Community Facilities District (CFD) or Open Space District. A Community Facilities District is the preferred financial mechanism for a maintenance district. If another financial mechanism is not formed, the MHOA shall be responsible for the maintenance of those landscaping improvements that are not included in the proposed financial mechanism. The City Engineer and the Development Services Director may require that some improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Development Services PCS -09 -05 9 05/06/2014 Director requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney. 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 within the Village 9 Project Area. The Applicant shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. The Applicant agrees to establish an MHOA that will indemnify and hold the City harmless from any actions of the MHOA in the maintenance of such areas; and d. Submit and obtain approval of the City Engineer and Development Services Director of a list of all facilities and other items to be maintained by the proposed district or Master Homeowner's Association (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 year 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: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, and landscaping. Each open space lot shall also be broken down by the number of acres o£ 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 parkways along the applicable roadways as identified in the PFFP adjoining the development as determined by the City Engineer. iv. All water quality basins serving the Project (Development Services). 33. In addition to those conditions specifically listed above, Applicant shall comply with Subdivision Manual Conditions 31, 32, 34, 35, and 37. 34. The Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscape medians, pedestrian bridges, scenic corridors along streets and public parks, within or adjacent to the subject subdivision. PCS -09 -05 10 05/06/2014 35. The Applicant shall submit a detailed wall /fencing plan with the Design Review Site Plan submittal for each planning area showing that all project walls and fences comply with the approved SPA Plan Section 4.2.4, Landscape Master Plan, and other applicable City of Chula Vista requirements, to the Development Services Director for approval. Plans shall indicate color, materials, height and location of freestanding walls, retaining walls, and fences. The plan shall also include details such as accurate dimensions, complete cross - sections showing required walls, adjacent grading, landscaping, and sidewalk improvements. 36. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the project area within the Otay Ranch Preserve Community Facilities District No. 97 -2, Improvement Area "C ". 37. Prior to recordation of each final map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Access for maintenance purposes shall also be conveyed to the satisfaction of the Preserve Owner Manager, and each tentative map shall be subject to a condition that the applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. 38. Prior to the Preserve Owner Manager's acceptance of the conveyed land in fee title, the applicant shall prepare, to the satisfaction of the Preserve Owner Manager, area specific management directives for the associated conveyance areas, which shall incorporate the guidelines and specific requirements of the Otay Ranch Resource Management Plan, management requirements of Table 3 -5 of the Multiple Species Conservation Program Subarea 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 within the associated conveyance areas and incorporated into the area specific management directives to the satisfaction of the Preserve Owner Manager. 39. To ensure compliance with the Chula Vista MSCP Subarea Plan impact threshold for narrow endemic species within the Preserve (specifically snake cholla), grading and infrastructure plans for the off -site sewer and storm drain facilities (TM 09 -05, Sheet 5) shall limit the width of the construction easement to 40 feet within the initial 400 feet extending south from Planning Area II. The combined PCS -09 -05 11 05/06/2014 width of the permanent easement for the off -site sewer and storm drain facilities shall not exceed 30 feet (EIR 10 -04, page 5.6 -23). Compliance with this condition shall be to the satisfaction of the Development Services Director. 40. Prior to construction of Bus Rapid Transit and/or Rapid Bus transit stations in Village 9, obtain approval of improvement plans to the satisfaction of SANDAG, the Chula Vista Transit Coordinator and the Development Services Director. 41. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi - family, or other non - residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, 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 Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall design each single - family lot or residence to accommodate the storage and curbside pickup of individual trash, recycling and green waste containers (3 total), as approved for a small - quantity generator (single family residential use). 42. Prior to recordation of each final B map all CFD slope and open space areas shall be individually lotted on said final map to the satisfaction of the Development Services Director. LOCATOR (D NORTH oll ME - M. MM .• PROJECT LOCATION fav:.a.•• 0 90 of C, . • o{ San ty Co u 0000 10 00 Attachment 1 p w M5CP Otay Valley A-161 al Park Exhibit 2.1- Site Utilization Plan �a rcr tcKark3 and r,�admrj e.� OFF- s4o comdUt.�M1Ges or Legend • land Use a Eastern Urban Center (EUC) - 28.60 du/ac Town Center (TC) - 18 -45 du/ac Mixed Use (MU) - 10-45 dulac Mixed Use (MU) - 10 -27 du/ac Medium Density Residential (M) Low Medium Density Residential Village (LMV) Open Space (OS) Open Space (Preserve) Park (P) UniversirylRTP (U) School Boundary of Mixed Use Districts (Master Precise Plan Required - See Section 9.3.7) Note: SR -125 ramp locations and designs as shown are conceptual. Final location and design to be determined by Caltrans. Attachment 2 B-2 19 T -5: UC 136 34101 D 11.2 T -5: UC 448 94278 E -1 4.6 T -5: UC 183 40.115 E -2 4.2 T -5: UC 168 34101 H -1 _ 4.7 T -5: UC 188 38-115 H -2 5.6 T -5: UC 226 44130 Subtow 48.3 1,912 400.1.190 MWM tslatmhgArea Cross Aces Ttansectu'9 Target QU � tuga4 Rang! Ctn15q.R. (Kj� K -1 3.1 T 4: TE 148 0 K-2 3.8 1-4: TC 152 0 3.6 TA: TC 80 10-29 N 3.5 T -4: TC 57 20-52 0.1 3.6 T -4: TC 80 10-29 0.2 3.6 T-4: TC 80 10 -29 P 3.6 T -4: TC 80 10.29 Q 3.S T -4: TC 57 20.52 R -1 3.6 T -4: TC 80 10.29 R -2 3.6 T -4: TC 80 10.29 Subtotal 36.1 3.6 894 100.278 Pfaming Area Gress Acres Transectr't Target QU.m Target Range Veal Sq.Ft (Kph F 8.2 T-4: UN 136 0 Gw -- Td: UN 0 0 Subtotal 8.2 1.3 136 0 PfomfmgAree GrassAals Ttarhsect "i largetQU� Tu�etRanglCRdSq.R.(l(ju" S•1 6.3 T•3: NC 104 0 S -2 3.5 T -3: NC 58 0 T 3.4 T•3: NC 34 0.32 U -1 3.5 T -3: NC 58 0 U-2 3.5 T•3: NC 0 V 8.6 TT -3: NC 141 0 W(Z - 1 -3: NC 0 0 Y -1 3.3 T -3: NC 54 0 Y-2 3:0 T -3: NC 50 0 Z-1 3.7 1 -3: NC 61 0 Z -2 2.7 T -3: NC 45 0 {{ 7.7 T -3: NC 128 Subtotal 49.2 s10 PlawkSArea GmuAcres Transact +'I TattetDLU.'a 05.4 AA 6.8 T -2: NG 72 BB PlathNttg Arta land Use Gross Rats Transact �o Descripdan G MU 1,9 T-4: UN Elementary W MU 11.9 T -3: NC Elememary 5ubtatal 32 19.8 Right-of -Way Plamin9Area land Use GmssAM Trarmad") Desufption C P 3.6 SO: P Town Square I TC 1,5 SD: P Town Square L P 14.8 SD. P Neighborhood GG P 2,9 SD: P Pedestrian HH P 1.3 SD: P Pedestrian 8 P 3.4 SD: P Pedestrian Subtotal 273 77777 fur6lCtt'1 Dlsn'fptlon T -1:05 Open Spate T•1:OP Preserve Subtotal 49.2 792 0-32 PlawkSArea GmuAcres Transact +'I TattetDLU.'a 05.4 AA 6.8 T -2: NG 72 BB S.4 T -2: NG 89 Subtotal 15.2 161 Mmv tg Am Gross Acres Transect n' Target f2U,"° DD 121 T -2: NE 47 EE 7.1 T -2: NE 2f UniversitylRTP 9-8 T -2:18 32 M3 OS Ill T -1:05 Open Space 05.4 CVOSP'u 017 T -1: OP Preserve Subtotal 9.6 PlamUtgAnea Land Use Cross Acres Ttusect "' Deso"M J1 U 504 5D: U UniversitylRTP Arterials 11.9 Right-of -Way SR 125 8:2 Rigfh[- of-Wap 76.1 Notes: (1) Transer$ are defined In Chapter 3. (2) See Chapter 9 regarding Intarsity Transfers and minimum retail/commercial square footage requuirement. (3) As defined by CVMC Chapter 19.48. (4) School stes will revert to mixed use if sites are not accepted by the school district (5) Chula Vista Open Space Prestsve. (6) 390,000 square feet of office and 10,000 square feet of retail for the low range; 1.1 40,000 square feet of oft and 50,000 square feet of retail for the high range; excludes Nvelwmk. M 10,000 Wart feet of office and 90,OD0 square feet of retail for the low I .10,000 square feet of aft and 268,000 square feet of retail for the high range: excludes Wdwork. (8) 32,000 square feet of retail for the high range. Attachment 3 MStrP Off-Ste Ut'rt s Otay Valley Regional Park % C° r CJ S 3 Legend - Transect : Zone T -1: Open Space Preserve (OP) T -1: Open Space (OS) T -2: Neighborhood Edge (NE) T -2: Neighborhood General (NG) T -3: Neighborhood Center (NC) T -4: Urban Neighborhood (UN) T -4: Town Center (TO T -5: Urban Center (UC) SD: Park (P) SD: Community Purpose Facility (CPF) SD: University/RTP (U) .... Boundary of Mixed Use Districts (Master Precise Plan Required - See Section 9.3.7) Note: SR -125 ramp locations and designs as shown are conceptual. Final location and design to be determined by Caltrans. aue; r - aoa Exhibit 3.2 - Regulating Plan Attachment 4 a v �f Otay VO/* Regional Park Mt to t t W" COM40or is Legend - SPA Roadway Designations Main Street Otay Valley Rd. 90621 Street A,1 -Way 2)2:�>D Street A, 1 -Way Campus Boulevard •••� Street B ••+••«�• Town Center Streets •- - -•—•- Residential Streets Planned Transit Station' Potential Transit Stop' Notes: 1. See Tentative Map for Actual Alignment of Residential Streets 2. See Exhibit 5.7 for Transit Routes 3. SR -125 ramp locations and designs as shown are conceptual. Final location and design to be determined by Caltrans. Exhibit 5.2 - Vehicular Circulation Attachment 5 j � ro 4A u s„ hxSCP Oba ValleyRegronai PX,* Potential Connection to Regional Trail and Future Pedeetnan 8ndge in EUC Legend -- Sidewalk •��� Village Pathway (Off- Street) **sees Regional Trail 80841, Neighborhood Trail Planned Transit Station' Potential Transit Stop' Future Pedestrian Bridge r4l (Crossing SR -125) Note: 1. See Exhibit 5.7 for Transit Routes 2. SR -125 ramp locations and designs as shown are conceptual. Final location and design to be determined by Caltrans. Its Exhibit 5.4 - Pedestrian Circulation Attachment 6