HomeMy WebLinkAboutReso 2014-210 Recording requested
b��:
�' Cin�of Chula V ista
Aker recordine return
to:
Cin�Clerk's Office
Cin ofChula Vista
2 i6 Fourth Avenue
Chula Vista. CA 91910
Attn: Liz Bri�es
Fee Exempt-�
Godt Code 6103
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Dec 18, 2014 09:19 AM
OFFICIAL RECORDS
Ernest J. Dronenburg Jr ,
SAN DIEGO COUNN RECORDER
FEES: 50.00
�or Recorder's u
RESOLUTION NO. 2014-210
RESOLUTION NO. 2014-210
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDNISION
MAP W7THIN OTAY RANCH VILLAGE 2 V�'EST — CHUZA
VISTA TRACT 12-03
I. RECITALS
]. Project Site
WHEREAS; the pazceL that is the subject matter of this resolution, is represented i❑
Ea:hibit `:A". attached hereto and incorporated herein b�� this reference. and for the purpose of
seneral description, is located in the northem portion of Ota�� Ranch Villaee 2 R�est
I�'ei�hborhoods R-�b(a) and R-4b(b), Chula Vista ("Propem�`); and
2. Project; Applications for Discretionan� Approval
R%HEREAS, on July 9, 2012. a dul}� ��erified application for a Tentative Subdivision Map
(Chula \rista Tract (CVT) 12-03) ti�as filed ���ith the Cin� of Chula Vista De��elopment Services
Department b�� Baldwin and Sons ("Applicant") to subdivide a 48.2-acre site H�ithin Ota�� Ranch
Villase 2 A'est, I�'eighborhoods R-4b(a) and R-4b(b). into l li multi-family lots, one (1) public
park. four (4) open space lots; and nvo (2) HOA lots: and
3. Em�ironmental Determination
\'�'HEREAS, the Development Services Director has revie�ved the proposed project for
compliance with the Califomia Environmental Qualit�� Act (CEQA) and has deteanined that the
project may have a significant effect on the environment as identified in previous FEIR 02-02;
therefore, the City of Chula Vista has prepared a Supplemental Em�ironmental lmpact Report,
SEIR-12-01/SCH 2O03091012 pursuant to CEQA 1�163.; and
R'HEREAS. the Cit�� Council of the Citv of Chula Vista. havine re��iewed. 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 Findines of Fact and adopted a
Statement of O��erridine Considerations and a Mitigation Monitorino and Reporting Proaram for
the GPA, GDPA, SPA Plan and associated Tentative Maps pursuant to CEQA. b} Resolution
No. 2014-Z 10: and
4. Plannine Commission Record on Application
V�'HEREAS, on October 8; 2014, the Director of Development Sen�ices set a hearine
before the Plannins Commission for the consideration of and recommendation on Tentati�e
Subdivision Map. Notice of said hearing, toeether ti�ith its purpose, �vas eiven b} both
publication in a ne���spaper of eeneral circulation in the City and mailino to propert}� o�mers and
residents H•ithin �00 feet of the eaterior boundaries of the Propem� at least ten (10) days prior to
the hearine: and
Resolution No. 2014-210
Paee No. 2
WHEREAS, a hearine 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 hearin� was thereafrer closed; and
WHEREAS, the Plannin� Commission reviewed and considered the Tentative
Subdivision Map CVT 12-03; and
WHEREAS, the Planning Commission after considering all e��idence 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 O��emding Considerations; not adopt a Mitigation Monitoring and Reporting
Program and not Certify the Final Supplemental Environmental lmpact 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 California Em�ironmental Quality Act This motion carried 5-1-
0-; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a newspaper of general circulation in the City and mailing to
property owmers and residents within 500 feet of the exterior boundaries of the property at least
ten (]0) 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 heazine to
consider said Project: said hearing was thereafter closed.
NOW, THEREFORE; BE IT RESOLVED that the City Council does hereby find,
determine. and resol��e as follo��s:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Go��ernment Code Section 66473.5 of the Subdivision Map Act, the Cih�
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:
1. Land Use and Transportation
The current General Plan land use designation for Neighborhood R-4b(a) is
Residential Medium and for Neighborhood R-46(b) is Residential High. The
proposed project is consistent with these land use designation as all densities fall
within the prescribed GP ranges for each of these categories.
The current Otay Ranch GDP land use designation for Neighborhood R-4b(a) is
Medium Density Residential (M) and for Neighborhood R-4b(b) is High Densih�
Residential (H). The proposed project is consistent with these land use designation as
all densities fall within the prescribed GDP ranges for each of these categories.
Resolution No. 201�-210
Page No. 3
The existine implementing zone in the Village Z Planned Communin- District
Reeulations is Residential Multi Family 1 (RM1) for Neighborhood R-46(a) and
Residential Multi Famil}� 2 (RM2) for Neiehborhood R-4b(b). Both neiahborhoods,
as shoHm on the TA4, aze consistent N�ith these desi�nations. In total. this TM depicts
386 residential units.
The subdi��ision design consists of 1 li residential lots, four (4) open space lots, one
(1) pubiic park. and rn�o (2) HOA lots. 111 of the multi-famil}� lots ��ill be small lot
single famil}� (each intended for a sinsle detached product) that are categorized as
multi-familv due to their densit�•. The final 2 multi-famil�� lots create the R-4b(b)
neiohborhood ���hich ��ill allow� up to 27� residential units.
The proposed project funhers the polic�� objecti��e for "Urban Villages ' to have
"higher densities and mixed uses in the rilluge cores ' and to "provide a wide range of
residential housing opportuni�ies...irhrch promoies a blend of multi family and
single famil}+ housrng srvles and densi�ies. inlegruted and compatible irith other laizd
uses in rhe area. " The proposed project would support Smart Gro�th Principles, as it
pro��ides compact development oriented to pedestrians, bicyclists and transit, and
��ould further minimize urban spra�=1 de��elopment pattems. The proposed chanees
w�ould also provide more land use di��ersity, increase pedestrian orientation and mal:e
commercial uses in Villaee 2 more viable.
All off-site public streets required to sen�e the subdi��ision already e�:ist or will be
constructed or funded by the Applicant in accordance ��ith the Supplemental PFFP
and Conditions of Appro��al. The on-site public streets are desiened in accordance
��=ith the Ciri� design standazds and/or requirements and provides for vehiculaz and
pedestrian connections.
2. Economic De��elopment
The proposed project results in an increase 1.�62 residential units. There is a
reduction of 70 typical single-family lots and provision of a ���ider range of housino
options and pricing for potential home-bu��ers in the current housina market. Bv
addine these units, increased patronase to the nearb�� commercial and public/quasi-
public uses can be anticipated to contribute to greater economic development �vithi❑
Villaee 2 and the Cin�.
The Project allo�vs for further development of detached small lot sinele-family homes
and multi-familv housine. The Project provides homebuyers the opportwrit.� to
purchase both attached and detached homes �vith ereater affordabiliri�, reduced
maintenance/utilit�• costs: and less dependency on the automobile, a guiding principal
of the Ota�� Ranch GDP. The proposed homes also provide further variation in
housing opportunities a��ailable to Chula Vista residents, consistent �ti�ith General Plan
Objecti��e ED 2.
Resolution No. 2014-210
Page No. 4
The proposed project also fosters economic development benefits at the communit}�
level b�� providing for increased housing densities within the same development
footprint. These increased densities allow for infrastructure and municipal services to
be provided at reduced cost per capita (more people served by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint, increased densities improve the viability of communit}�
serving commercial and public/quasi public uses as well as alternative transpoRation
modes. As a result, the proposed project may serve as a catalyst for small and mid-
sized industries and businesses and community 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 necessary public facilities and
services ��ill be available to serve the Project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the additional demand
eenerated by 1.�62 ne��� units for public services and facilities, and the phasing 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 achie��ing the
ti�ater quality treatment and hydromodification requirements of the City of Chula
Vista. The recommendations of the report will be implemented through grading and
improvement plans approved by the City Engineer.
The proposed project would continue to comply with all applicable rules and
regulations including compliance with NPDES permit requirements for urban run-off
and storm water discharge. Best Management Practices (BMPs) for design, treatment
and monitoring for storm water quality would be implemented as delineated in the
Mitigated Negative Declaration with respect to municipal and construction permits.
Compliance with all applicable rules and regulations governing water quality as well
as implementation of all mitigation measures outlined in the Mitigated Negative
Declaration and the water quality technical report would ensure no additional impacts
to water qualitv.
Project-specific anal}�ses have been conducted relative to the project's potential sewer
and water impacts. The proposed project would increase average projected water
demands by 472;420 gallons per day (gpd). A Water Supply Assessment and
Verification Report analyzing these new demands was approved by the Otay Water
District's Board of Directors on November 6, 2013.
The proposed project adds 1;562 units to the Poggi and Salt Creek basins, wrhich
results in an increase of 248,730 gpd (938 EDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Can}�on Interceptor
have alreadv been identified for future replacement; the proposed project would
require one additional reach of the Poggi Canyon Interceptor to be upgraded in the
future. Upon approval of the proposed project, the Development Impact Fee for the
Poggi Basin �vould be updated to reflect the inclusion upsizing of P345 to P363 and
to include these additional units. The new units do not result in any deficiencies in the
Salt Creek Basin.
Resolution No. 2014-210
Pase No. �
4. Environmental Element
The proposed project has been revieN�ed in accordance with the requirements of
CEQA. A �'ater Qualin- Technical Report, Traffic Impact Smd��_ Noise Impact
Repon, Air Qualin� and Global Climate Chanee Evaluation, Sewer Service Technical
Memo and l�'ater Service Technical Memo have been prepared. revie«�ed and
approved b}� the Cim. A Supplemental Environmental Impact Report (SEIR-12-01)
has been prepazed for the project in order to address the proposed addition of 1:�62
units (inclusive of the subject 386 units associated ti�ith this Tentati��e Map) to the
Villaee 2 SPA Plan.
�. Gro��th ?�4anaeement
The proposed project H�ould result in 1,�62 additional dti�ellins units in Village 2. A
Supplemental PFFP has been prepared ��hich anal��zes an}� potential impacts on
public facilities and ser�ices. and identifies the facilities, phasing and timin� tri��ers
for the pro�ision of facilities and sen�ices to serve the project: consistent ti�ith the
City's Qualin� of Life Threshold Standazds.
A project-specific traffic stud��, the Tra�c Impact .Analysis !%illage 2 Comprehensive
SPA .4mendment, anal��zes the impact of 1.�62 additional units in \Tillage 2. 7he
traffic studv concludes that the proposed project ���ould eenerate a total of 13,840
eztemal dailv trips by build-out of the project. induding 1,068 AM peak hour trips
and 1.367 P?�4 peal: hour trips.
Direct traffic impacts N�ould occur at two intersections alone Heritage Road;
signalization «�ould mitieate the intersection ��ith Avenida De Las Vistas (in the Citv
of San Diego) and the intersection ��ith Ol��mpic Pazk�va�� �i�ill be mitisated throueh
pa��ment of TDIF fees that N�ill a11oN� for the construction of A4ain Street and La
Media Road. Additionall�_ the project ��=ould result in cumulati��e impacts to se��en
other intersections. Of these. all but one H�ill be mitisated throueh sienal and road
impro��ements that aze covered b�� the TDIF program (to�;�ards w�hich the project will
pa}� all appropriate fees). The final intersection, at I-80� SB ramps and Ol��mpic
Pazk��a��. has no feasible miti¢ation and remains si�nificant and unmitisable.
In terms of smdy area road��ay seements, the proposed project ti�ould result in a
direct traffic impact on Heritaee Road ben;�een East Palomar Street and Oh�mpic
ParkH�a}�. This direct impact ��ould be mitigated bv pa}�nent of TDIF fees for the
construction of n4ain Street between Heritase Road and La Media Road. Two other
road��a}� seements H�ould be cumulati��el}� impacted b�� the proposed project. Olympic
Parkwav benveen Heritaee Road and Santa Venetia Street would be mitieated
through pa��ment of 7DIF fees toward construction of Main Street betw�een Heritage
Road and La Media Road. The other road��a}� segment. Orange Avenue bet��een
Melrose A��enue and I-80� SB Ramps, has no feasible mitieation and remains
sienificant and unmitieable.
In addition to roadwa}� and intersection impacts, traffic eenerated by the proposed
project �aould have a cumulative impact on I-80�; from SR-94 to Tele�raph Cam�on
Road. For this, there is no feasible mitigation available. and the impact would remain
sienificant and unmitiQable.
Resolution No. 20]4-210
Page No. 6
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 ti�ill now generate approximately 1,�17
students. CVESD sizes elementazy schools to accommodate between 750 and 1,000
students; therefore, the new students would not result in inadequate school facilities.
The CVESD ���ill determine which elementary school students generated by the
project N�ill attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union Hi�h School District (SUHSD). It is anticipated that
approximately ]23 middle school and 344 high school students are generated b}� the
Village 2 SPA Amendment project.
The project site is ti�ithin the boundaries of established Communities Facilities
Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As
such, the Applicant ���ill 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 additional 12.16 acres of park land. This obligation will be met
through the Applicant's dedication of parkland. To achieve this, two ne�v public parks
have been created and tN�o within the existing plan have been eapanded.
As part of the Villages 2 SPA Plan, 109 acres of open space was required to be
provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided
approximately 203.5 acres of on-site open space. The proposed project would
increase the open space demand to 176.7 acres. The 181.2 acres provided in the
��illa�e exceeds the Otay Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires com�eyance of
1.188 acres of preserve land for e��ery acre of non-common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processing of the final maps. Because the amendment is over areas of previously
planned development the total dedication required does not change much from the
original project. The Applicant has eaisting "credits ' which were previously
dedicated to the Otay Ranch Presen�e Owner/Manager which �vill be used to partially
satisf}� this obligation.
Resolucion No. 2014-210
Paee No. 7
The proposed landform erading conforms to the Cin-'s grading Ordinance and retains
reQional and natural open space features. The de��elopment of the site is consistent
N�ith the goals and policies of the Consen�ation Element.
B. Pursuant to Go��emment Code Section 664T.1 of the Subdi��ision A4ap Act, the
configuration. orientation. and topo�raph�� of the site allo�' for the optimum sitine of lou
for natural and passi��e heatino and cooling opportunities. The development of the site
N�ill be subject to site plan and architectural re�ieH� to ensure the ma�imum utilization of
natural and passi��e heatins and cooline opportunities.
C. Pwsuant to Govemment Code Section 66�12.3 of the Subdi��ision Map Act the Council
certifies that it has considered the effect of this appro�al on the housins needs of the
region and has balanced those needs aeainst the public service needs of the residents of
the Ciri- and the available fiscal and em�ironmental resources.
D. The site is physically suited for residential de��elopment, because it is generallv leve] and
is located adjacent to existine residential developments. The Project conforms to all
standazds established by the Cin� for a residential development.
E. The conditions herein imposed on the erant of permit or other entitlement herein
contained is approximatel�� proportional both in nature and extent to the impact created
bv the proposed development.
III. GOVERI�'MEI�iT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1). NOTICE IS HEREBI' GIVEN that the 90
dav period to protest the imposition of anv 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 baz a�}- subsequent leeal action to attack. set aside, void or annual imposition.
The riaht to protest the fees, dedications. reservations, or other exactions does not apply to
planning; zonine, grading, or other similaz application processing fees or semice fees in
connection N�ith the project; and it does not appl}� 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��hich the Statute of Limitations has previously espired.
BE 1T FURTHER RESOLVED that the Ciri� Council does hereb}� approve the Project
subject to the general and special conditions set forth beloti�.
IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherN�ise 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 bv the Development
Sen�ices 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 pro��ide subordination of am� prior lien and easement holders in order to ensure that
the City has a first priorih� interest and rights in such land unless otherwise excused by the Citv.
Resolution No. 2014-210
Paee No. 8
R'here fee title is granted or dedicated to the City, said fee tiile shall be free and dear of all
encumbrances, unless otherN�ise excused b}� the City.
Should conflicting wording or standards occur between these conditions of approval, an}� conflict
shall be resolved by the City Manager or designee.
GENERAL/PLANNING AND BUILDING
l. 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. 1 Z-02, 12-
03, 12-04, and 12-OS generally located south of the eaisting Olympic Parkway and west
of La Media Road.
2. The Project shall comply ��ith 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 November 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
Qualit}� 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 permit 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 full any unpaid balance for the Project, including Deposit Account
No. DQ1696.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer; the mitigation measures identified in the Supplemental
Em�ironmental lmpact Report (CV SEIR 12-01) for Amendments to the Chula Vista
General Plan (GPA 12-04) and Otay Ranch General Development Plan (PCM-12-17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM-12-18) Environmental Impact Report
(CV SEIR ]2-01) and associated Mitigation Monitoring and Reporting Program (MMRP)
for the Project, within the timeframe specified in the MMRP.
6. The CCRR's for each HOA �i�ithin the project shall contain a provision that pro��ides 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
BroNn Field ALUCP:
.�'OT/CE OFAIRPORT VICIA'ITY: This properry is presendy located in the >>icinih�of un
airport, tirithin irhat is 1naoN�n as un uirpor� influence urea. For that reason, the properry
• may be subject ro some of the unnovances or incom�eniences associuted irith pro.rimi�}� ro
airpor� operalroras (for exantple: noise, vibrutioia, or odor•s) Individual sensitirities to
Ihose u�anovances can i�ary.fi•om person to person. }'ou ma�� irish to consider N-hat
uirpa7 unnoyunces. if uny. are associated i+�ith the properry befa�e you complete your
purchase or lease and delermine i+�hether daey are ucceptable to you.
Resolution No. 2014-210
Paee No. 9
A copy of this disclosure document shall be recorded with the Cih� of Chula \Jista as pan
of project approval. Each prospective 6omeo�ner shall sien the disclosure document
confirmine thev have been informed of the ��icinin� of the airport prior to the purchase of
a home.
7. The Applicant.shall obtain appro��al of a subsequent Final Map shoH�ine condominium
o��nership prior to de��elopment of condominiums �+ithin anv Planning Area proposine
mi�ed residential/commercial or multi-familv residentia] uses.
8. The Applicant shall construct public facilities in compliance with the Ota�� Ranch Villase
Z 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
facilit}� chapter. At the applicant's request. the Ciri- Eneineer and Development Ser��ices
Director ma��, at their discretion. modify the sequence. schedule, alienment and design of
improvement construction should conditions chanee to ���arrant such a revision.
9. Prior to the first final map, the applicant ���ill enter into an aereement to provide funding
for periods ��There project expenditures ezceed projected revenues in compliance �;�ith
CVA4C 19.09.060(J).
10. The Applicant shall dedicate, H�ith the applicable final map, for public use all the public
streets sho�;m on the tentati�e map ���ithin the subdivision boundan�. The applicant shall
construct or enter into an a�eement to construct and secure all street and intersection
improvements as necessar� to mitieate the impacts of the Project and as specified in Ota}�
Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.�
"Phasing Summarv ' and Table C.6 "Project Frontase R Access '. The Applicant shall
construct the public impro��ements and provide securitv satisfactory to the City En2ineer
and Citv Attorne�.
1 l. Prior to appro��al of an}� final map sho���ins public or pri��ate sveets, the Applicant shall
obtain appro��al of street names to the satisfaction of the De��elopment Sen�ices Director
and Citv Eneineer.
12. In accordance with Standard Tentati��e A4ap Condition 40: The applicant shall notifi� the
Ciri� at least 60 da��s prior to consideration of the first map b�� the Cit�� if an}� off-site
right-of-��a�� or an}� interest in real propeny needed to construct or install off=site
improvements cannot be obtained as required b} the Conditions of Appro��al. After said
notification. the developer shall compl}� �rith the requirements sei forth in Standard
Condition 40.
13. Prior to approval of the first Final Map for the Project. the Applicant(s) shall pro��ide an
appro��ed amendment to the Subazea Vlater Master Plan (SAMP) b�� the Ota�� Water
District. The SAA4P �i-ill provide more detailed information on the project such as
project phasing; pump station and reservoir capacirv requirements. and extensive
computer modeling to justif�� recommended pipe sizes. (Engineerine. Plannine).
Resolution No. 2014-210
Page No. 10
14. Prior to approval of each Final '`B" Map. present verification to the City Engineer in the
form of a ]etter from Otay VJater District that the subdivision will be provided adequate
water service and long-term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project. the Engineer-of-
Work shall submit and obtain approval by the City Engineer a ���aiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer-of-work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion, no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index 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 pro��ide a deposit in the amount of$20,000 for each transit stop payable to the Cit}�
of Chula Vista for a Capital Improvement Project For future transit improvements, or
enter into an agreement to construct future vansit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
18. Prior to issuance of any building permit for a residential unit located �i�ithin the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village 2 to Olympic Parkway and La Media Road.
19. Prior to the approval of the first Final Map for the Project the Developer shall provide an
agreement to the satisfaction of the Development Services Director stating that the
Applicant ti�ill not protest the formation of a reimbursement district to finance the
construction of Heritage Road for its prorate share of the road as determined by the
Development Sen�ices Director.
20. Prior to each final map de��eloper shall either demonstrate that Poggi Se�ver has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
21. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creek SeN�er DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall a�ree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
22. Applicant shall a2ree to update the pedestrian bridge DIF to incorporate additional units
or change in facilit}� cost or location refinements facilities prior to approval of the first
final map.
Resolution?vo. 2014-210
Paee I`'o. 11
Affordable Housing:
23. Prior to appro��al of the first final map for the project, the De��eloper shall enter into a
Balanced Communities Affordable Housine Agreement, in compliance w ith applicable
Cit}� and State of California reQulations. If an existine Affordable Housins Agreement is
alreadv in place, Applicant shall adhere to the terms thereof.
Gradiug:
24. Grading plans that include freestanding ti�alls or sound �valls adjacent to Z:1 or greater
slopes more than 6 ft. hieh shall include a minimum 2 fr. wide lerel bench for
landscaping and maintenance access adjacent to the H�all.
2�. Applicant «�hose propem� is adjacent to graded slopes �vhere landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
imeation installation.
26. Prior to City acceptance of any landscaped azeas; Applicant shall install permanent ���ater
meters in accordance ���ith the approved landscape and irrieation plans to the satisfaction
of the De��elopment Services Director.
27. Prior to issuance of an}� eradin� permit the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the de��elopment semices director and the cit}� eneineer.
(Land Development)
28. Prior to the issuance of anv construction or grading permit ���hich impacts off=site
propert}�, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off-site erading. (Enaineerine)
29. Prior to issuance of any eradine or construction permit based on plans proposing the
creation of do�m slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's appro��al of a study to determine the necessity of providine euardrail
impro��ements at those locations. Applicant shall construct and secure an}� required
euardrail impro��ements in conjunction ��ith the associated construction permit as
determined bv and to the satisfaction of the Cih� Eneineer. The euardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements a�d
American Association of State Hieh�va}� and Transportation Officials (AASHTO)
standards to the satisfaction of the Citv Eneineer.
30. Applicant shall ensure that all private lot drainage and slopes compl}� �i'ith the current
buildine code used bv the Citv of Chula Vista.
31. Prior to the first final map or grading permit for the Project. Applicant shall enter into an
a�reement to maintain and repair any erosion caused b} the Project on an} offsite
propem� to the satisfaction of the Director of De��elopment Services.
Resolution No. Z014-210
Pace No. 12
Parl:s:
32. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining pazk 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 parhland by the City.
34. Prior to City acceptance of parkland located in the City of San Diego's easement for the
Otay II Pipeline, Applicant shall relocate the waterline from within Village 2 to Olympic
Pazkway and La Media Road. No credits will be issued for parkland acquisition until the
easement is removed and the land is unencumbered.
Landscaping/W alis/Fences:
35. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
36. Prior to approval of the grading plans for Ind-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.
Preserve Open Space
37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annes the
project area within the Otay Ranch Preserve Community Facilities District No. 97-2.
38. Prior to recordation of each final map the applicant shall convey fee title to land ��ithin
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. 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 Presen�e O�*�mer Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered com�eyance property consistent �vith
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.
Other
39. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with SANDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facilit}�.
Resolution To. 201�-210
Pa�e No. 13
�0. Prior to issuance of the fust buildine permit or other discretionar�� permits for mised use.
multi-famil��. or other non-residential developments within the project site, the Applicant
shall compl}� ��ith applicable provisions of A9unicipal Code Section 8.24 - Solid Waste
and Litter, and Section 8?� — Recvdine. related to de��elopment projects, to the
satisfaction of the Depanment of Public A'orks. Environmental Services Division. These
requirements include, but are not limited to the followzng desi�n requirements:
a. The Applicant shall desien mised-use, multi-famih�. and commercial development
projecu to comph� ��th the Recvclina and Solid �tiaste Standards for cenval
collection bin sen�ices. �
b. The Applicant shall design each single-famil�� lot or residence to accommodate the
stora�e and curbside pickup of indi��idual trash, recyclins and green ���aste containers
(3 total), as approved for a small-quantin� �enerator (sinele famih� residential use).
V. The follo�vine on-goin� conditions shall apply to the Project Site as long as it relies on
this approval�
1. Appro��al of this request shali not waive compliance ���ith all sections of the Chula Vista
Municipal Code, and all other applicable Citv Ordinances in effect at the time of buildine
permit issuance.
2. The Propem� O«mer and Applicant shall and do aeree to indemnifi�, protect; defend and
hold harmless Ciri, its City Council members. offcers, employees and representati��es,
from and against an�� and all liabilities; losses. damages; demands; claims and costs,
includine court costs and attorney's fees (collecti��el��, liabilities) incurred by the City
arisine, directl�� or indirectiv, from (a) Cin�'s appro��al of this tentative map and (b) City's
approvai or issuance of anv other permit or action. ��hether discretionarv or non-
discretionary, in connection with the use contemplated on the Project Site. The Property
O��mer and Applicant shall acl:noH9edee their aereement to this pro��ision b}� e�:ecuting a
copy of this Tentative Subdivision Map ��fiere indicated beloti�. The Propem� O�timer's
and Applicanrs compliance with this pro��ision shall be bindine on an}� and all of the
Propert}� ONmer's 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 representatives of the Developer
as to anv or all of the Propert}�.
4. The Applicant shall compl�� �vith all requirements and euidelines of the City of Chula
Vista General Plan; the Cin�`s Gro��Kh Manaeement Ordinance; Chula Vista Landscape
�4anual: Otay Ranch General De��elopment Plan, Otay Ranch Resource Management
Plan. Phase 1 and Phase 2: Ranch \�'ide Affordable Housine Plan: Otav Ranch Overall
Design Plan; Otay Ranch Villaee 2 Sectional Planning Area (SPA) Plan and supporting
documents includine: Villaee 2 Public Facilities Finance Plan and supplemental PFFP;
Villaee 2 Parks, Recreation, Open Space and Trails Plan; Village 2 SPA Affordable
Housine Plan and the I`'on-Rene���able Eners�� Conser��ation Plan as amended from time
to time. unless specificall�� modified b�� the appropriate department head, ��ith the
approval of the Ciro Manaeer. These plans ma�� be subject to minor modifications b�� the
appropriate department head, with the appro��al of the Cit�� Manager, however; anv
material modifications shall be subject to appro��al b�� the Cit�� Council.
Resolution No. 2014-210
Page No. 14
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 maintai�ed over time, if an}� of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modifi� all approvals herein granted including issuance of
building permits, denti�, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute liti�ation to compel their
compliance ti�ith said conditions; and/or seek damages for their violation. The applicant
shall be notified ]0 days in advance prior to any of the above actions being tal:en by the
City and shall be eiven the opportunity to remedy any deficiencies identified by the City.
6. Applicant shall indemnify, protect; defend and hold the City harmless from and a�ainst
any and all claims: liabilities and costs; including attomey's fees, azising from challenges
to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent
environmental review for the Project and any or all entitlements and approvals issued by
the Cit}� in connection with the Project.
7. The applicant shall comply ti�ith all applicable Village 2 SPA conditions of approval,
(PCM 12-18) as mav be amended from time to time.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read;
understood and agreed to the conditions contained herein; and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole ezpense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the Cit}�'s Development Services Department. Failure to return the signed
and stamped copy of this recorded document within ]0 days of recordation shall indicate
the Property ONmer/Applicant`s desire that the project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
Property Owner
// Nicholas Lee /2 /'J —
Village II of Otay HB SUB; Otay Ranch ll Sun 12, LLC, Date
Otay Ranch Village II-PC-15, LLC, Village t] of Otay, L.P.,
Sunranch Capita] Partners, LLC, Montecito Village, LLC
Applicant
��� Nicholas Lee /Z � �c�
Baldwin & Sons, LLC Date
Resolution No. 2014-210
Paee No. 1�
VIL CO?�'FORI�4ANCE RTITH CITI' SUBDIV"ISION n�IANUAL
The Cin Council does hereb} find that the Project is in conformance �vith the Cit�� of Chula
V"ista Subdivision Manual, Section 18.12 and the requirements of the Zonine Ordinance.
VIII. I\'VALIDITY: AUTOMATIC REVOCATIOt�'
It is the intention of the Citv Council that its adoption of this Resolution is dependent upon the
enforceabilit}� of each and e��ery term; pro��ision, and condition herein stated: and that in the
e��ent that anv one or more terms. provisions. or conditions aze determined bv a Court of
competent jurisdiction to be imalid, illeeal, or unenforceable, this resolution_ the map approved
hereunder, and an�� permits issued in reliance hereon shall be deemed to be automaticall��
re��oked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista Cit�� Council does hereby approve
Tentatire Subdi��ision A4ap (CVT-12-03) subject to conditions listed abo��e to subdi��ide one (1)
48? acre lot into 113 multi-famil�- lots. one (1) public pazk, four (4) open space lots. and nvo (2)
HO.A lots; the Tentative A4ap covers a total of 386 residential units.
Presented bv Approved as to form b}�
Director of Development Sen�ices �AUefne��
Resolution No. 2014-Z10
Paee No. 16
PASSED, APPROVED. and ADOPTED by the Ciri� Council of the Citv of Chula Vista
Califomia_ this 4th day of November 2014 b}�the follo��ing vote:
AYES: Councilmembers: Aguilar; Bensoussan, Salas and Cox
NAI'S: Councilmembers: Ramirez
ABSENT: Councilmembers: None
��-°��
Cheryl Cox, Mayor
ATTEST:
Donna R. Noms. C. itv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I; Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoine
Resolution No. 2014-210 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 4th day of November 2014.
Eaecuted this 4th dav of November 2014.
Donna . Norris, MC, � ity Clerk
Resolution I�io. 2014-210
Pase I�'o. 17
EXH I B IT "A" �
CVT 12 -03
�PROJECT BOUNDARY
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