HomeMy WebLinkAboutReso 2014-209 ,� Recordingrequested
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City of Chula V ista ,-
After recording return
to: '
Ciro Clerk's Office
Cirv of Chula Vista
2 i6 Fourth Aaenue
Chula Vista CA 91910
Attn: Liz Briees "
Fee Exempt-�
Godt Code 6103
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Dec 18, 2074 09:19 AM
OFFIqAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES_ 50.00
Recorder's use
RESOLUTION.NO. 2014-209
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RESOLUTIOi�'1v0. 2014-209
RESOLUTIOI�' OF THE CITY COUI�TCIL OF THE C]TY OF
CIIiILA VISTA .4PPROVING A TEI�'TATI\rE SUBDIVISION
A4.AP «'TTHIN OTAI' RANCH VILL.4GE 2 NORTH — CIIiJLA
VISTA TRACT 12-02
I. RECITALS
1. Project Site
W'HEREAS, the parcel, that is the subject matter of this resolution. is represented in
Ezhibit "A", attached hereto and incorporated herein b}� this reference; and for the purpose of
eeneral description. is located in the northem portion of Otav Ranch Village 2 Neighborhoods
R-�b. R-8c, R-9b and R-lOb, Chula Vista (`Propert}� '); and
2. Project; Applications for Discretionan� Approval
R'HEREAS, on Julv 9, 2012; a dul}� verified application for a Tentati��e Subdivision Map
(Chula Vista Tract (CVT) 12-02) w�as filed ���ith the Cit�� of Chula Vista Development Services
Department b}� Bald�i�in and Sons (`Applicanr') to subdivide an approsimatel}� 40-acre site
within Otav Ranch Villaee 2 North. Neiehborhoods R-�b. R-8c. R-9b and R-lOb, into �1 sinele
famih� lots, 28 multi-family; one (1) HOA open space lot, one (1) public park, and one (1) CPF
lot: and
3. Environmental Determination
V�'HEREAS, the Development Sen-ices Director has revie��ed the proposed project for
compliance Hith the California En��ironmental Qualiri� Act (CEQA) and has determined that the
project may ha��e a significant effect on the environment as identified in previous FEIR 02-02;
therefore; the Cin� of Chula Vista has prepared a Supplemental Environmental Impact Report,
SEIR-12-01/SCH 2O03091012 pursuant to CEQA 1�163.; and
WHEREAS. the Citv Council of the Citv of Chula Vista havine re��ie�;�ed. analvzed. and
considered the previousl�� certified Final Environmental Impact Report (FEIR) as revised bv the
Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to
the Califomia Environmental Quality Act: made certain Findings of Fact and adopted a
Statement of Ovemdine Considerations and a A4itioation Monitoring and Reponing Proeram for
the GPA, GDP.A. SPA�PIan and associated Tentative Maps pursuant to CEQA, b}� Resolution
No. 2014 - : and
Resolution No. 2014-209
Paee No. 2
4. Plannine Commission Record on Application
VJHEREAS, on October 8; 2014, the Director of Development Services set a hearine
before the Planning Commission for the consideration of and recommendation on Tentati��e
Subdivision Map. Notice of said hearing; together with its purpose, ��as given b}� both
publication in a newspaper of general circulation in the City and mailing to property o�ners and
residents ��ithin �00 feet of the exterior boundaries of the Property at least ten (10) days prior to
the hearing: and
WHEREAS, a hearing at the time and place as advertised, namely October 8. 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said heazine ���as thereafier closed: and
WHEREAS; the Planning Commission re��iewed and considered the Tentative
Subdivision Map CVT 12-02; and
WHEREAS, the Planning Commission afrer considering all evidence and testimony
presented; the Planning Commission did not act on the resolution since the Planning made a
motion that the City Council reject the project by not making certain findings of fact; not adopt a
Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reportine
Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-
O1/SCH 2O03091012) for amendments to the General Plan, Otay Ranch General Development
Plan, Otay Ranch Villages 2, 3 and a portion of 4 Sectional Planning Area Plan, four associated
Tentative Maps pursuant to the Califomia Environmenta] Quality Act. This motion carried 5-1-
0-1: and
�. City Council Record on Application
WHEREAS, a hearing time and place �+�as set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, toaether �vith its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property o�mers and residents within 500 feet of the exterior boundaries of the property at least
ten (10) days prior to the hearing; and
WHEREAS, on November 4, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth
Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to
consider said Project: said hearing ��as thereafrer closed.
NOW, THGREFORE, BE [T RESOLVED that the City Council does hereby find;
determine, and resolve as follo�as:
II. TENTATNE SUBDNISION 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, is in
conformance with the elements of the City's General Plan, based on the following:
Resolution No. 2014-209
Pa�e No. 3
1. Land Use and Transnonation
The current General Plan land use desienation for Neiehborhoods R-�b. R-8c. and R-
9b is Residential Medium and for Neiehborhood R-lOb is Mixed Use Residential.
• The proposed project is consistent N-ith these land use designation as all densities fall
within the prescribed GP ranees for each of these cateeories.
The current Otav Ranch GDP land use desienation for Neiehborhoods R-�b. R-8c.
and R-9b is Medium Densiri Residential (M) and for Neishborhood R-lOb is High
Density Residential (H). The proposed project is consistent �vith these land use
desienation as all densities fall Hithin the prescribed GDP ranges for each of these
categories.
The existing implementine zone in the Villaee 2 Planned Community District
Reeulations is Sinsle Family 4 (SF4) for Neighborhood R-8c; Residential I�9ulti
Famil}� 1 (RM1) for I`'eiahborhoods R-�b and R-9b: and Residential Multi Familv 2
(RM2) for Neighborhood R-lOb. .All neighborhoods, as sho��m on the TA4, are
consistent with these designations. In total, this TA4 depicts 88 residential units.
The subdivision design consists of 79 residential lots, one (1) open space lot, one (1)
public park. and one (1) CPF lot �1 of the lots �;�ill be sinele famil}� and range from
4,2�0 sf to 17,107 sf in size. 27 of the lots are small lot single famil�� (each intended
for a single detached product) that are categorized as multi-famil}' due to their
densin-. The final multi-familv lot is an extension of the e�istine Neiehborhood R-
l Ob and ���ill increase the total number of residential units in that project b�� 10.
The proposed project furthers the polic} objecti��e for "Urban Villages ` to ha<<e
"higher densi�ies and mized uses in !he i�illage cores` and to "proi�ide a ti+�ide runge of
residential housing opporiuniiies...�rhich promotes a blend of multi fanrily and
single fm�iilJ� housing srvles and derasiiies. integrated and compatible inith o�her /und
uses in the area. " The proposed project would support Sman Gro�ath Principles. as it
pro��ides compact development oriented to pedestrians. bicyclists and transit, and
would further minimize urban spra�il development pattems. The proposed chanses
�ti�ould also pro��ide more land use di��ersin�, increase pedestrian orientation and mal:e
commercial uses in VillaQe 2 more �iable.
All off-site public streets required to serve the subdi�ision alread}' eaist or ���ill be
constructed or funded by the Applicant in accordance ���ith the Supplemental PFFP
and Conditions of Appro��al. The on-site public streets are designed in accordance
with the Cirv design standards and/or requirements and pro�ides For vehicular and
pedestrian connections.
2. Economic Development
The proposed project results in an increase 1.�62 residential units. There is a
reduction of 70 tvpical single famil�� lots and pro�ision of a �+ider ranee of housine
options and pricine for potential home-bu�ers in the current housine market. B��
Resolution No. 2014-209
Page No. 4
addin� these units, increased patronage to the nearby commercial and public/quasi-
public uses can be anticipated to contribute to �reater economic development within
Village 2 and the Cit��.
The Project allows for further development of detached small lot single-famil}� homes
and multi-famil}� housing. The Project provides homebuyers the opportunity to
purchase both attached and detached homes with greater affordabilih�, reduced
maintenance/utility costs; and less dependency on the automobile, a guiding principal
of the Otav Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent with General Plan
Objective ED 2.
The proposed project also fosters economic de��elopment benefits at the community
level by providing for increased housing densities within the same development
footprint. These increased densities allow for infrastructure and municipal services to
be pro��ided at reduced wst per capita (more people served by the same municipal
services). Additionally. ti�ith increased housing (and population) within the same
development footprint, increased densities improve the viability of community
serving commercial and public/quasi public uses as well as alternative transportation
modes. As a result. the proposed project may sen�e as a catalyst for small and mid-
sized industries and businesses and communit}� serving and neighborhood uses,
consistent with General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Services
The Project has been conditioned to ensure that all necessazy public facilities and
sen�ices �i�ill be a��ailable to serve the Project concurrent with the demand for those
ser��ices. A Supplemental PFFP has been prepared to analyze the additional demand
generated by 1,�62 new units for public services and facilities, and the phasine needs
created by the Project.
A project-level water quality technical report was completed for the proposed project.
The water qualit}- technical report outlines the means and methods for achieving the
water quality treatment and h}�dromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through erading and
improvement plans approved by the Cit}� Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban runoff
and storm water discharge. Best Management Practices (BMPs) for design; treatment
and monitoring for storm water quality would be implemented as delineated in the
Miti�ated Neeative Declaration �vith respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigatio❑ measures outlined in the Mitigated Neoative
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
Resolution?�'o. 2014-209
Pase No. �
Project-specific anal��ses have been conducted relati��e to the project's potential se��er
and �i�ater impacts. The proposed project �;�ould increase average projected water
demands bv 472,420 gallons per day (gpd). A Water Supph� Assessment and
V"erification Report analvzino these ne�>° demands H�as approved b}� the Ota�� Water
Districrs Board of Directors on November 6. 2013.
The proposed project adds 1,�62 units to the Possi and Salt Creek basins. ��hich
results in an increase of 248.730 �pd (938 EDU) to the PoQei Basin and 128,31� apd
(484 EDU) to the Salt Creek Basin. Tti�o reaches of the Poggi Canvon Interceptor
have already been identified for future replacement; the proposed project N�ould
require one additional reach of the Poggi Can��on Interceptor to be uperaded in the
future. Upon approval of the proposed project, the Development Impact Fee for the
Poegi Basin would be updated to reflect the inclusion upsizine of P345 to P363 and
to include these additional units. The neN units do not result in anv deficiencies in the
Salt Geek Basin.
4. Environmental Element
The proposed project has been re��iewed in accordance with the requirements of
CEQA. A V�'ater Qualit�� Technical Report, Traffic Impact Stud}�. Noise Impact
Report. Air Qualiri� and Global Climate Chanee Evaluation, Se���er Service Technical
Memo and V�%ater Service Technical Memo have been prepared, revie«�ed and
approved by the Cin-. A Supplemental Environmental Impact Report (SEIR-12-01)
has been prepared for the project in order to address the proposed addition of 1.�62
units (inclusi�e of the subject 88 units associated «ith this Tentative Map) to the
Villaee 2 SPA Plan.
�. Gro��Kh A4anaeement
The proposed project �i�ould result in L�62 additional d�vellin� units in Village 2. A
Supplemental PFFP has been prepared �vhich anahzes any potential impacts on
public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and sen�ices to sene the project, consistent ��ith the
Cih�'s Qualitv of Life Threshold Standards.
A project-specific traffic stud��, the Traffrc Impact Analvsis Pillage Z Comprehensive
SP.4 .4mendment, anahzes the impact of L�62 additional units in Villase 2. The
traffic studv concludes that the proposed project �iould Qenerate a total of li.840
external dailv trips b}� buildout of the project, includins 1,068 AM peak hour trips
and 1,367 PA4 peak hour trips. �
Direct traffic impacts �+�ould occur at t��=o intersections alone Heritaee Road;
si�nalization ��ould mitieate the intersection with Avenida De Las \'istas (in the Cit��
of San Dieeo) and the intersection �cith Olvmpic Pazk�vav will be mitisated throueh
pa}�ment of TDIF fees that will allo�a for the construction of Main Sveet and La
Media Road. Additionallv; the project H�ould result in cumulative impacts to se��en
other intersections. Of these. all but one �i-ill be mitieated throuah sienal and road
Resolution I�'o. 2014-209
Page No. 6
improvemenu that are covered b�� the TDIF program (towards which the project will
pa�� all appropriate fees). The final intersection, at I-80� SB ramps and Olympic
Parkway, has no feasible mitigation and remains significant and unmiti�able.
In terms of study area roadway segments, the proposed project would result in a
direct traffic impact on Heritage Road between East Palomar Street and Olympic
Parkway. This direct impact would be mitigated b}� payment of TDIF fees for the
construction of Main Street between Heritage Road and La Media Road. Two other
roadway segments would be cumulatively impacted by the proposed project. Olympic
Parkway between Heritage Road and Santa Venetia Street would be mitigated
through payment of TDIF fees toward construction of Main Street between Heritage
Road and La Media Road. The other roadway segment, Orange Avenue between
Melrose Avenue and I-805 SB Ramps, has no feasible mitigation and remains
significant and unmitieable.
In addition to roadway and intersection impacts, traffic generated by the proposed
project would have a cumulative impact on I-805, from SR-94 to Telegraph Canyon
Road. For this, there is no feasible mitigation available, and the impact �vould remain
significant and unmitigable.
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). Based on Student Generation Factors from CVESD, the proposed
1,562-unit increase would result in roughly 539 additional elementary school
students. A single elementary school was planned within the Village 2 core to serve
the build-out population, but due to the increased student generation, the project
proposes a second school in the expanded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approximately 1.517
students. CVESD sizes elementary schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD will determine �vhich elementary school students generated by the
project will attend on an interim basis.
The Project is also within the attendance area of Olympian High School, ��-ithin the
Sweetwater Union Hi�h School District (SUHSD). It is anticipated that
approsimately 123 middle school and 344 high school students are generated by the
Village 2 SPA Amendment project.
The project site is ��ithin the boundaries of established Communities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As
such, the Applicant �vill mitigate impacts on secondary and elementary school
facilities through participation in CVESD and SUHSD CFDs.
6. Open Space and Conservation
The proposed project meets the minimum open space requirement per the Village 2
SPA Plan and Planned Community District Regulations. The project generates a
demand for an additiona] 12.16 acres of park land. This obligation «�ill be met
Resolution No. 2014-209
Paee Ivo. 7
through the Applicant`s dedication of parkland. To achie��e this, two new public pazks
ha��e been created and tuo �ithin the e�isting plan have been eapanded.
As part of the VillaRes 2 SP.4 Plan. 109 acres of open space was required to be
pro��ided to meet Ota� Ranch GDP threshold. The V'illaee 2 SPA Plan pro�ided
approzimatel�� 203.� acres of on-site open space. The proposed project N-ould
increase the open space demand to 176.7 acres. The 181? acres pro��ided in the
villaee exceeds the Ota} Ranch GDP open space requirement.
In addition. the Ota� Ranch Resource D4anasement Plan requires conve}�ance of
1.188 acres of preserve land for every acre of non-common development area.
Applicant ��ill be responsible for satisfiino this requirement concurrentiv «�ith the
processine of the final maps. Because the amendment is o��er azeas of previoush
planned de��elopment, the total dedication required does not chanae much from the
original project. The Applicant has existing "credits` which w�ere previoush
dedicated to the Ota} Ranch Preseme O���ner/Manager ���hich ���ili be used to partialh�
satisfi� this oblieation.
The proposed landform erading conforms to the Ciri`s grading Ordinance and retains
regional and natural open space features. The development of the site is consistent
with the eoals and policies of the Conservation Element.
B. Pursuant to Govemment Code Section 66473.1 of the Subdi�ision Map Act, the
confi�uration. orientation. and topograph� of the site allow for the optimum sitine of lou
for natural and passive heatin� and cooling opportunities. The development of the site
��ill be subject to site plan and architectural revie�� to ensure the maximum utilization of
natural and passi��e heatina and cooline opportunities.
C. Pursuant to Go�emment Code Section 66412.3 of the Subdivision Map Act the Council
certifies that it has considered the effect of this approval on the housine needs of the
region and has balanced those needs aeainst the public ser��ice needs of the residents of
the Citv and the a��ailable fiscal and em�ironmental resources.
D. The site is physically suited for residential development. because it is generally level and
is located adjacent to e�istine residential developments. The Project conforms to al]
standards established bv the Citv for a residential development.
E. The conditions herein imposed on the srant of permit or other entitlement herein
contained is approsimately proportional both in nature and eztent to the impact created
b�� the proposed development.
IIL GOVERI�Tn4ENT CODE SECTION 66020 NOTICE
Pursuant to Govemment Code Section 66020(d)(1). NOTICE IS HEREBY GIVEN that the 90
da} period to protest the imposition of anv impact fee, dedication, reservation, or other e�action
described in this resolution be�ins on the effective date of this resolution and anv such protest
Resolution No. 2014-209
Pase No. 8
must be in a manner that complies ti�ith Section 66020(a) and failure to follo�� timel}� this �
procedure will baz an}� subsequent leeal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations. or other e�actions does not appl}� to
plannin_; zonina, gradine, or other similar application processing fees or ser��ice fees in
connection with the project; and it does not appl�� to any fees, dedication, reser��ations. or other
esactions which ha��e been given notice similar to this; nor does it revive challenges to anv fees
for N�hich the Statute of Limitations has pre��iously e�pired.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
IV. TENTATIVE MAP GEt�'ERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by la��: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Fina1 Map as determined by the Development
Services Director and the City Eneineer, unless otherwise specified, "dedicate ' means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherw�ise excused by the City.
Should conflicting ���ording or standards occur bet�i�een these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
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. 12-02, 12-
03, 12-04, and 1 Z-0� generally located south of the e�isting Olympic Parkway and west
of La Media Road.
2. The Project shall comply with approved General Plan Amendment GPA-12-04 and
General Development Plan Amendment PCM-12-17, the Sectional Planning Area (SPA)
Plan PCM-12-18, approved No��ember 4, 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, Air
Quality Improvement Plan, Water Conservation Plan Fire Protection Plan and the City of
Chula Vista Standard Tentative Map Conditions, as attached hereto and incorporated
herein.
3. Prior to the issuance of the 60th residential building pennit for Neighborhood R-20, the
Applicant shall commence construction on the CPF-2 park site, to the satisfaction of the
Development Services Director.
4. Applicant shall pay in ful] any unpaid balance for the Project, includine Deposit Account
No. DQ1696.
Resolucion No. 2014-209
Pa�e No. 9
�. The Applicant shall implement. to the satisfaction of the De��elopment Sen�ices Director
and the Ciri Eneineer; the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12-01) for Amendments to the Chula \%ista
General Plan (GP.A 12-04) and Otay Ranch General Development Plan (PCM-12-17) and
associated I�4itieation A4onitorine and Reponing Proeram (MA9RP) for the Project: and
the Ota}� Ranch Sectional Plannina Area (PCM-12-18) Environmental Impact Report
(CV SEIR 12-01) and associated Mitigation Monitorine and Reporting Proeram (A4n4RP)
for the Project, within tbe timeframe specified in the A4A4RP.
6. The CCRR`s for each HOA H�ithin the project shall contain a provision that provides al]
ne�� residents ��ith an o��erflieht disdosure document that discloses the folloH�ins
information durine an�� real estate transaction or prior to ]ease siening, as required bv the
Bro��n Field ALUCP:
:�'OTICE OF.4IRPORT VICIn'ITY: This properh- is presemli-located rn the viciniry of an
airport. ividtrn irha� is bto�rn as an airpon influence areu. For that reuson. !he propertr
mm� be subjecr ro some of the unnovm�ces or inconreniences ussociated x irh prosimrry ro
airport operations (for esample: noise. ribration. or odors). Individual sensitivities to
those mmo}�ances can run�from person ro person. }'ou mav wish to consider tirhat
airport annovattces, if ar7v. are associated irith the properrv before yo:� complete vour
purchase or lease and derermrne whether thev ure ucceprable Jo you.
A cop�� of this disclosure document shall be recorded �vith the Citv of Chula Vista as pazt
of project appro�al. Each prospecti��e homeo��ner shall sien the disclosure document
confirmina the�� have been informed of the ��icinitv of the airport prior to the purchase of
a home.
7. The Applicant shall obtain appro��al of a subsequent Final A4ap sho��•ine condominium
onnership prior to development of condominiums ti�ithin am� Plannine Area proposino
mixed residentiaUcommercial or multi-familv residential uses. �
8. The Applicant shall construct public Facilities in compliance ���ith the Ota}� Ranch Villaee
2 Comprehensi��e SPA 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 applicanrs request; the City Eneineer and Development Sen�ices
Director ma��, at their discretion. modif} the sequence. schedule, alionment and design of
impro�=ement construction should conditions chanee to �varrant such a re��ision.
9. Prior to the firsi final map, the applicant ���ill enter into an aereement to pro��ide fundine
for periods ���here project e�pendimres exceed projected re�enues in compliance ���ith
CVh4C 19.09.060(J).
10. The Applicant shall dedicate, H�ith the applicable final map, for public use all the public
streets sho��n on the tentati��e map ��•ithin the subdi��ision boundary. The applicant shall
construct or enter into an asreement to construct and secure all street and intersection
improvements as necessary to mitieate the impacts of the Project and as specified in Ota}�
Resolution No. 2014-209
Page No. 10
Ranch Villaee 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.�
`'Phasing Summary" and Table C.6 "Project Frontage & Access'. The Applicant shall
construct the public improvements and provide security satisfactory to the Cih� Engineer
and Cit}� Attorney.
11. 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 De��elopment Services Director
and City Engineer.
12. In accordance w-ith Standard Tentative Map Condition 40: The applicant shall notify the
Citv at least 60 da}�s prior to consideration of the first map bv the City if any off-site
right-of-��ay or an}� interest in real property needed to construct or install off-site
improvements cannot be obtained as required b}� the Conditions of Approval. Afrer said
notification the developer shall comply with the requirements set forth in Standard
Condition 40.
13. Prior to approval of the first Final Map for the Project the Applicant(s) shall provide an
appro��ed amendment to the Subarea V�'ater Master Plan (SAMP) by the Otay Water
District. The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and estensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final `'B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdi��ision will be provided adequate
water service and long-term ��ater storage facilities. (Engineering, Planning)
l�. Prior to appro��al of each Final Map or Grading Plan for the Project, the Engineer-of-
�'ork shall submit and obtain approval by the City Engineer a wai��er request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted Cih� standards. The Engineer-of-work request shall outline the
requested subdivision desien deviations from adopted City standazds and state that in
his/her professional opinion. no safety issues will be compromised. The ��aiver is subject
to approval b}� the City Engineer in the Cit}� Engineer's sole discretion. (Engineering)
16. Prior to approval of anv construction permit, Applicant shall ensure that all emereency
access roads are designed with a Traffic Inde� of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of$20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
Resolution 1`'0. 2014-209
Paee I�'o. 11
18. Prior to issuance of am� building permit for a residential unit located �+ithin the Cin� of
San Diegds easement for the Otav II Pipeline. Applicant shall relocate the ��aterline
from within \%illaee 2 to Ol�mpic Park«�a� and La Media Road.
19. Prior to the appro��al of the first Final A4ap for the Project, the Developer shall pro��ide an
a�reement to the satisfaction of the Development Sen�ices Director stating that the
Applicant �vill not protest the formation of a reimbursement district to finance the
construction of Heritase Road for its prorate share of the road as determined bv the
Development Sen�ices Director.
20. Prior to each final map de��eloper shall either demonstrate that Po�ai Se���er has adequate
capacity or upsize the inadequate seement. all to the satisfaction of the Director of
Development Sen�ices.
21. Prior to the first final map, Developer shall fund the updates of the Pogei Canyon and
Salt Creek Se«�er DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poeei and Salt
Creek Se���er DIF.
22. Applicant shall aeree to update the pedestrian brid2e DIF to incorporate additional units
or chanee in facility cost or location refinements facilities prior to appro��al of the first
final map.
Affordable Housing:
23. Prior to appro��al of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housina Agreement. in compliance H�ith applicable
Cin� and State of Califomia reeulations. If an esistine Affordable Housine AQreement is
alread}� in place, Applicant shall adhere to the terms thereo£ �
Grading:
24. Gradine plans that include freestandina ��alls or sound ��alls adjacent to 2:1 or greater
slopes more than 6 fr. high shall include a minimum 2 ft. «�ide le��el bench for
landscaping and maintenance access adjacent to the ���all.
2�. Applicant ���hose propert�� is adjacent to graded slopes ���here landscape and irrieation is
required to be installed shall be responsible for that portion of the slope landscape and
imsation installation.
26. Prior to City acceptance of am� landscaped areas, Applicant shall install permanent �i�ater
meters in accordance �vith the appro��ed landscape and imgation plans to the satisfaction
of the De��elopment Services Director.
27. Prior to issuance of any eradine permit. the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the de��elopment senices director and the cit} en�ineer.
(Land De��elopment)
Resolution No. 2014-209
Paee No. 12
28. Prior to the issuance of any construction or grading permit which impacts off-site
propem�. the Applicant shall deliver to the Citv. a notarized letter of permission to
construct or grade and drain for al] off-site gradine. (Engineering)
29. Prior to issuance of an}� grading or construction permit based on plans pmposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City En�ineer's approval of a study to determine the necessity of pro�idin� guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined b}� and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
30. Applicant shall ensure that all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services.
Parl:s:
32. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 03 acre located within R-4B(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R-4B(b).
33. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
34. Prior to City acceptance of parkland located in the City of San Diegds easement for the
Otay II Pipeline, Applicant shall relocate the waterline from within Village 2 to Olympic
Parkway and La Media Road. No credits �vill be issued for parkland acquisition until the
easement is removed and the land is unencumbered.
Landscaping/W alls/Feu ces:
35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
36. Prior to approval of the grading plans for lnd-3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Resolution No. 2014-209
Paee ?�'o. 13
Presen�e Open Space
37. Prior to the appro��al of the first final map for the SPA Plan. the applicant shall anne� the
project area H ithin the Otav Ranch Presen e Communin- Facilities District No. 97-2.
38. Prior to recordation of each fina] map the applicant shall conve�� fee title to land �aithin
the Otav Ranch Preserve to the Otav Ranch Presen-e OHner Manaeer or its desienee at a
ratio of 1.188 acres for each acre of development area. as defined in the Ota�- Ranch
Resource Manaeement Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance aereement H ith the Presen�e Owner Manaser
statin� that it is the responsibiliri- of the applicant to maintain the conveved parcel until
the Ota� Ranch Preserve Communit�� Facilities District ?�io. 97-2 has eenerated sufficient
revenues to enable the Presen�e ONmer Manager to assume maintenance responsibilities.
The applicant shall maintain and manaee the offered con�e}�ance propem consistent ���ith
the Otav Ranch Resource A4anaRement Plan Phase 2 untii the Otav Ranch Preser��e
Communitv Facilities District No. 97-2 has eenerated sufficient revenues to enable the
Preserve O��mer Manager to assume maintenance and management responsibilities.
Other
39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La n4edia Road and State Street. Applicant shall coordinate ���ith SAI�TDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the desien of such a
facilitv.
40. Prior to issuance of the first building permit or other discretionary permits for mixed use.
multi-famil}�; or other non-residential developments within the project site, the Applicant
shall comply «ith applicabie provisions of Municipal Code Section 8.24 - Solid V�'aste
and Litter; and Section 8.2� — Recvding, related to development projects, to the
satisfaction of the Department of Public Vlorks, Environmental Sen�ices Division. These
requirements indude, but are not limited to the follo���ing design requirements:
a. The Applicant shall design mized-use, multi-family, and commercial development
projects to comply with the Recyclins and Solid A'aste Standazds for centrai
collection bin services.
b. The Applicant shali desien each sin�le-famil�� lot or residence to accommodate the
storaee and curbside pickup of individual trash, recycline and green �raste containers
(3 total), as appro��ed for a small-quantin �enerator (sinele familv residential use).
B. The follo«ina omQoine conditions shall apph to the Project Site as long as it relies on
this appro��al�
I. Approval of this request shall not waive compliance �i�ith all sections of the Chula Vista
A4unicipal Code, and all other applicable Cit} Ordinances in effect at the time of buildine
permit issuance.
Resolution No. 2014-209
Page No. 14
2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, officers, emplo��ees and representatives.
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attomey's fees (collectively, liabilities) incurred by the Ciri�
arising, directl�� or indirectly. from (a) City`s approval of this tentative map and (b) City's
approeal or issuance of any other permit or action, wfiether discretionan� or non-
discretionary, in connection ��ith the use contemplated on the Project Site. The Property
ONmer and Applicant shall acknowledge their aereement to this provision b�� executino a
copy of this Tentati��e Subdi��ision Map tifiere indicated below. The Propert}� OHmer's
and Applicant's compliance with this provision shall be binding on any and all of the
Property Owners and Applicant's successors and assigns.
3. All of the terms; covenants and conditions contained herein shall be bindine upon and
inure to the benefit of the heirs, successors, assigns and representati��es of the Developer
as to any or all of the Property.
4. The Applicant shall comply ti�ith all requirements and guidelines of the Cit}� of Chula
Vista General Plan; the City's GroNrth Management Ordinance; Chula Vista Landscape
Manual, Chula Desien Plan; Otay Ranch General Development Plan, Otay Ranch
Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housino Plan;
Otay Ranch O��erall Design Plan; Otay Ranch Village 2 Sectional Planning Area (SPA)
Plan and supportina documents includine: Village 2 Public Facilities Finance Plan and
supplemental PFFP; Village 2 Parks, Recreation, Open Space and Trails Plan; Village 2
SPA Affordable Housing Plan and the Non-Renewable Energy Conser��ation Plan as
amended from time to time; unless specifically modified by the appropriate department
head, with the appro��al of the Cit}� Manager. These plans may be subject to minor
modifications by the appropriate department head, with the approval of the City Manager,
however. any material modifications shall be subject to approval by the City Council.
5. 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 rieht to revoke or modify all approvals herein granted including issuance of
building perniits; 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. The applicant
shall be notified 10 da}�s 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.
6. Applicant shall indemnify, protect, defend and hold the City hannless from and against
any and all claims; liabilities and costs, including attorney's fees, arising from challenges
to the Supplemental Environmental ]mpact Repon (SEIR-12-01) and subsequent
environmental revieN� for the Project and any or al] entitlements and approvals issued by
the City in connection with the Project.
7. The applicant shall comply with all applicable Village 2 SPA conditions of approval,
(PCM 12-18) as may be amended from time to time.
Resolution No. 201�-209
Paoe No. 1�
\%I. E?�CUTIO\' AI�TD RECORD.ATIOI�' OF RESOLUTION OF APPROV.4L
The Propem O�vner and Applicant shall esecute this document sienine on the lines
provided below. indicatine that the Propem� O��mer and Applicant ha��e each read,
understood and agreed to the conditions contained herein, and «ill implement same. Upon
esecution. this document shall be recorded ��ith the Count�� Recorder of the Countv of San
Die�o. at the sole expense of the Property O�+mer and/or Applicant, and a si�ned. stamped
cop�� retumed to the Cit}'s De�elopment Sen�ices Department. Failure to retum the sioned
and stamped cop}� of this recorded document ���ithin 10 da}�s of recordation shall indicate
the Propem� O��ner/Applicant's desire that the project. and the correspondine application
for building permits and/or a business license: be held in abevance �i�ithout appro��al.
Propert�� O���ner
Nicholas Lee l2 $Ily
Villase II of Ota� HB SUB. Ota�� Ranch II Sun 12. LLC. Date
Otav Ranch Villaee I]-PC-1�. LLC. Villase II of Otav. L.P..
Sunranch Capital Partners, LLC, Montecito Villaee, LLC
Applicant
�/� . Nicholas Lee lZ $ l�!
Bald���in & Sons. LLC Date
VII. CONFORI�4AI�'CE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the Project is in conformance ���ith the Cit�� of Chula
Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance.
VIII. II�iVALIDITI': AUTOMATIC REVOCATION
It is the intention of the Cit}� Council that its adoption of this Resolution is dependent upon the
enforceabilirv of each and every term. pro��ision. and condition herein stated; and that in the
event that an�- one or more terms. provisions. or conditions are determined b�� a Court of
competent jurisdiction to be invalid, illeeal. or unenforceable. this resolution. the map approved
hereunder, and anv permits issued in reliance hereon shall be deemed to be automaticall��
revoked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista Cit�� Council does hereb}� approve
Tentati��e Subdi��ision 1�9ap (CVT-12-02) subject to conditions listed above to subdi��ide seven
(7) ezisting lots totaling approximatelv 40 acres into �l sinsle famil�� lots; 28 multi-familv, one
Resolution No. 2014-209
Page No. 16
(1) HOA open space lot. one (1) public park, and one (1) CPF lot; this Tentative Map covers a
total of 88 residential units.
Presented b�� Approved as to form b}�
.
Kelly G. r ghton, FASLA G] n R. gins �
Director o Development Services City y
PASSED; APPROVED. and ADOPTED b}� the City Council of the Cit}� of Chula Vista,
California, this 4th da�� of November 2014 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan. Salas and Cos
NAYS: Councilmembers: Ramirez
ABSENT: Councilmembers: None
Cheryl Co�, Mayor
ATTEST:
Donna R. Norris, MC, (,rt}� Clerk
STATE OF CAL[FORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the fore�oing
Resolution No. 2014-209 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of November 2014.
Executed this 4th day of No��ember 2014.
��,���
Donna R. Norns, CA�C, City Clerk
Resolution No. 2014-209
Paee No. 17
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