HomeMy WebLinkAboutReso 2014-211 . ^�
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— Cin�of Chula Vista . , •
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Ciry of Chula Visia
276 Fourth Avenue
Chula Vista, CA 91910
�Atm: Liz Briees
Fee Exempt-w
Gov't 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
Recorder's use onlv. ' �'
RESOLUTION NO. 2014-211
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RESOLUTIOI�' I�'0. 2014-211
RESOLUTION OF THE CIT1' COUNCIL OF THE CIT1' OF
CHLTL.A VtSTA APPROViI�'G A TENTATIVE SliBDIVISIOI�'
M.4P V�'TTHIN OTAI' RANCH VILLAGE 2 — CHlILA VISTA
TR.ACT 12-04
I. RECIT.ALS
i. Project Site
A�HEREAS, the pazcel. that is the subject matter of this resolution, is represented in
Exhibit ".A," attached hereto and incorporated herein by this reference, and for the purpose of
eeneral description, is located in the northem ponion of Otay Ranch Villase 2 Iveiehborhoods
R-l�b and R-31Chula Vista (�`Propenv`); and
2. Project; Applications for.Discretionar�� Appro��a]
�'�'HEREAS. on Julv 9, 2012, a dulti- ��erified application for a Tentative Subdi��ision A4ap
(Chula Vista Tract (CVT) 12-04) «as filed �rith the Citv of Chula Vista De��elopment Services
Department bv Bald«in and Sons (':Applicant") to subdi��ide a .81-acre site ���ithin Otay Ranch
V"illage 2, Neiehborhoods R-l�b and R-31 into six (6) single-famih� lots and nventy-fi��e (2�)
multi-famil�� units on one lot: and
3. Em uonmental Detertnination
«%HEREAS. the Development Sen�ices Director has re�ie«�ed the proposed project for
compliance �vith the Califomia Environmental Qualiri- Act (CEQA) and has determined that the
project ma� ha��e a si�nificant effect on the environment as identified in previous FEIR 02-02;
therefore, the Cit�� of Chula Vista has prepazed a Supplemental En��ironmental Impact Report,
SEIR-12-01/SCH 2O03091012 pursuant to CEQA 1�163.; and
\�'HEREAS. the Cin� Council of the Citv of Chula Vista. havine re��iewed, anah-zed. and
considered the previoush certified Finai Em�ironmental Impact Report (FEIR) as revised by the �
Final Supplemental Emironmental Impact Report (FSEIR IZ-01/SCH2O03091012) pursuant to
the Califomia Em�ironmental Qualin� Act. made certain Findines of Fact and adopted a
Statement of O��erridine Considerations and a I�4itigation A9onitorine and Reportine Proeram for
the GPA, GDPA. SPA Plan and associated Tentative Maps pursuant to CEQA, b�� Resolution
No. 2014-21]: and
�. Plannino Commission Record on Application
WHEREAS. on October 8, 2014, the Director of De��elopment Sen�ices set a hearing
before the Plannine Commission for the consideration of and recommendation on Tentati��e
Subdivision A4ap. \iotice of said hearing, toeether �+�ith its purpose, was given b�� both
publication in a ne«•spaper of�eneral circulation in the City and mailing to propem� owners and
residents H-ithin �00 feet of the eaterior boundaries of the Propem= at least ten (]0) davs prior to
the hearine: and
Resolution No. 2014-211
Paee No. 2
�'HEREAS, a hearin� at the time and place as advertised, namel}� October 8; 2014, at
6:00 pm. in the Council Chambers, 276 Fourth Avenue, was held before the Plannine
Commission and said hearine was thereafter dosed: and
WHEREAS, the Plannina Commission re��iewed and considered the Tentative
Subdivision Map CVT 12-04; and �
WHEREAS; the Plannine Commission afrer considering all evidence and testimonv
presented, the Plannine Commission did not act on the resolution since the Plannin� made a
motion that the City Council reject the project by not making certain findings of fact; not adopt a
Statement of O��erriding 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 Villa�es 2; 3 and a portion of 4 Sectional Planning Area Plan. four associated
Tentative Maps pursuant to the CaliFomia Environmental Quality Act. This motion carried �-1-
0-: and
�. City Council Record on Application
VVHEREAS, a hearin� time and place was set by the City Council of the Cih� of Chula
Vista for consideration of the Project and notice of said hearing, together with its purpose, was
given by both publication in a neH�spaper of general circulation in the City and 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, on No��ember 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 was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine. and resolve as follows:
IL TENTATIVE SUBDNISION MAP FINDINGS
A. Pursuant to Govemment Code Section 66473.� of the Subdivision Map Act, the City
Council finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance ��ith 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-156 is Residential
Low Medium and for Neighborhood R-31 is Mixed Use ResidentiaL The proposed
project is consistent �vith these land use designation as all densities fall within the
prescribed GP ranges for each of these categories.
Resolution ivo. 201�-211
Paee Ivo. 3
The current Ota�� Ranch GDP land use desienation for Neiehborhood R-1�b is LoH
A4edium Villase Densim Residential (LA4V) and for I�'eiehborhood R-31 is Hiah
Densim Residential (H). The proposed project is consistent H7th these land use
desienation as all densities fall ���ithin the prescribed GDP ranges for each of these
cate¢ories.
The eaistine implementins zone in the Villa�e 2 Planned Communin� District
Regulations is Sinele Famih� 4 (SF4) for Neiehborhood R-I�b and Residential A4ulti
Famil}� 2 (RI�42) for I�'eiehborhood R-31. All neiehborhoods. as sho��n on the TA4_
are consistent ���ith these desienations. In total, this TA4 depicts 31 residential units.
The subdivision design consists of 7 residential lots. Si� (6) of the lots N�ill be single
famil�� and ranee from �?70 sf to 6.083 sf in size. The multi-familv lot is ].1 acres in
size and ���ill allon� up to 2� residential units.
The proposed project furthers the polic�� objecti��e for "Urban Villaees' to have
"higher densities and mixed:�ses in the i�illuge cores ` and to ��provide a �ide range of
residential housing opportunities...irhich promotes a bler�d of multi familv and
single familv housrng sryles and densities. imegruted and computible udth other land
uses in the area. " The proposed project H�ould suppon Sman Gro�+nh Principles; as it
provides compact development oriented to pedestrians; bic}�clists and transit. and
w�ould further minimize urban sprawl development pattems. The proposed changes
�vould also provide more ]and use diversity; increase pedestrian orientation and mal:e
commercial uses in Village 2 more ��iable.
All off-site public streets required to sen�e the subdi��ision alread}� exist or ���ill be
constructed or funded b}� the Applicant in accordance ���ith the Supplemental PFFP
and Conditions of Appro��al. The on-site public streets aze desiened in accordance
with the Cit}� design standards and/or requirements and provides for ��ehiculaz and
pedestrian connections.
2. Economic Development
The proposed project results in an increase l;>62 residential units. There is a
reduction of 70 typical sinele-family lots and pro��ision of a wider range of housine
options and pricing for potential home-buyers in the current housine market. B��
adding these units; increased patronaee to the nearby commercial and public/quasi-
public uses can be anticipated to contribute to greater economic de��elopment �+�ithin
Villaee 2 and the Cit��.
The Project alloti�s for further development of detached small lot sin�le-family homes
and multi-family housins. The Project provides homebuyers the opportunit.� to
purchase both attached and detached homes �rith greater affordabilin�. reduced
maintenance/utility costs, and less dependenc}� on the automobile, a guiding principal
of the Ota�� Ranch GDP. The proposed homes also provide further variation in
housing opportunities available to Chula Vista residents, consistent ���ith General Plan
Objecti��e ED 2.
Resolution No. 2014-211
Page No. 4
The proposed project also fosters economic development benefits at the communit}�
level bv pro��idin� for increased housing densities ti�ithin the same development
footprint. These increased densities allow for infrastructure and municipal sen�ices to
be provided at reduced cost per capita (more people sen�ed by the same municipal
services). Additionally, with increased housing (and population) within the same
development footprint. increased densities improve the viability of community
servine commercial and public/quasi public uses as well as alternative transportation
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 ���ith General Plan Objectives ED 3 and ED 9.
3. Public Facilities and Ser��ices
The Project has been conditioned to ensure that al] necessary public facilities and
services will be a��ailable to serve the Project concurrent with the demand for those
services. A Supplemental PFFP has been prepared to analyze the additional demand
generated by 1.�62 new units for public services and facilities, and the phasing needs
created by the Project.
A project-level ���ater quality technical report was completed for the proposed project.
The ���ater quality technical report oudines the means and methods for achieving the
water 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 ���ould 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 mitieation measures outlined in the A7itigated Negati��e
Declaration and the water quality technical report would ensure no additional impacts
to water quality.
Project-specific analyses have been conducted relative to the project's potential sewer
and ��ater impacts. The proposed project would increase average projected water
demands b}� 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, which
results in an increase of 248,730 gpd (938 GDU) to the Poggi Basin and 128,315 gpd
(484 EDU) to the Salt Creek Basin. Two reaches of the Poggi Canyon Interceptor
have already 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 appro��al of the proposed project, the Development Impact Fee for the
Poggi Basin �i�ould 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.
Resolucion No. 2014-211
Pa�e No. �
4. Em ironmental Element
The proposed project has been revie��ed in accordance ��ith the requirements of
CEQ.A. .A Water Qualitv Technical Report, Traffic Impact Stud�. Noise Impact
Report, Air Qualin and Global Climate Change Evaluation, Se�+�er Service Technical
Memo and Water Sen ice Technical Memo ha��e been prepazed. revieti�ed and
appro��ed b}� the Ciri-. 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 (inclusive of the subject 31 units associated ti�ith this Tentative Map) to the
Villaee 2 SP.A Plan.
�. Gro�ti4h Manasement
The proposed project would result in 1.�62 additional d�tielling units in Village 2. A
Supplemental PFFP has been prepared �+hich anal��zes any potential impacts on
public facilities and services, and identifies the facilities, phasine and timins triggers
for the pro�ision of facilities and sen�ices to serve the project. consistentVti�ith the
City's Qualitv of Life Threshold Standazds.
A project-specific traffic smd}'. the Tra�c Impact Analysis I%il/age 2 Comprehensive
SPA _4mendment, anah-zes the impact of 1:�62 additional units in Villaae 2. The
traffic stud�= concludes that the proposed project ���ould generate a totalyof 13;840
e�temal dailv trips b�- buildout of the project, includine 1.068 A1�9 peal: hour trips
and 1,367 Ph4 peak hour trips.
Direct uaffic impacts ��ould occur at n�-o intersections alone Heritaee Road;
signalization ��ould mitieate the intersection ���ith Avenida De Las Vistas (in the City
of San Dieeo) and the intersection with Oh�npic PazkN�a�� ���ill be mitieated throueh
paement of TDIF fees that �ti�ill allo�� for the construction of A4ain Sveet and La
A4edia Road. Additionalh�; the project �vould result in cumulati��e impacts to se��en
other intersections. Of these. all but one �iill be mitieated throueh sienal and road
impro��ements that are co��ered b}� the TDIF program (to�vards �+hich the project ���ill
pa�- all appropriate fees). The final intersection; at I-80� SB ramps and Olvmpic
Pazk���av. has no feasible mitieation and remains sienificant and unmitieable.
In terms of stud�� area road�va�� seements. the proposed project would result in a
direct traffic impact on Heritage Road beh��een East Palomaz Street and Ol}nnpic
Park�va�. This direct impact �vould be mitisated b�� pa}�ment of TDIF fees for the
construction of A4ain Street betii�een Heritaee Road and La A4edia Road. T���o other
roadwa}° seements ��ould be cumulativelv impacted b}� the proposed project. Olpmpic
Park�ti�a�� beri�een Heritase Road and Santa Venetia Street would be mitieated
throueh pa�ment of TDIF�fees to���ard construction of A4ain Street bet���een Heritaee
Road and La Media Road. The other road���a�� seement. Oranee A��enue betH�een
n4elrose A��enue and I-80� SB Ramps. has no feasible mitieation and remains
sienificant and unmitieable.
In addition to road«�ay and intersection impacts, traffic eenerated b}� the proposed
project «�ouid have a cumulative impact on 1-80�; from SR-94 to Teleeraph Can��on
Road. For this, there is no feasible mitigation a��ailabie, and the impact H�ould remain
si�nificant and unmitieable.
Resolution No. 2014-211
Page No. 6
The Project site is within the boundaries of the Chula Vista Elementarv School
District (CVESD). Based on Student Generation Factors from CVESD; the proposed
L�62-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 e�panded southern portion of the core. It is
anticipated the entire Village 2 project will now generate approaimately 1,517
students. CVESD sizes elementary schools to accommodate between 7�0 and 1,000
students; therefore. the new students would not result in inadequate school facilities.
The CVESD will determine which elementary school students generated by the
project ��ill attend on an interim basis.
The Project is also within the attendance area of Olympian High School, within the
Sweetwater Union High School District (SUHSD). It is anticipated that
approximately 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 ti�ill mitigate impacts on secondary and elementar}� 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 two within the eaisting plan have been expanded.
As part of the Villases 2 SPA Plan, ]09 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
villaee esceeds the Ota�� Ranch GDP open space requirement.
In addition, the Otay Ranch Resource Management Plan requires conve}�ance of
L 188 acres of preseme land for every acre of non-common development area.
Applicant will be responsible for satisfying this requirement concurrently with the
processine of the final maps. Because the amendment is over azeas of previously
planned development the total dedication required does not change much from the
original project. The Applicant has existing '`credits' which were previously
dedicated to the Ota}� Ranch Preserve ONmer/Manager ��hich will be used to partially
satisfy this oblieation.
The proposed landform gradina conforms to the City'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.
Resolution No. 2014-211
Pase No. 7
B. Pursuant to Go��ernment Code Section 66473.1 of the Subdi��ision A�ap .Act. the
confieuration, orientation, and topo=aph}� of the site allo��• for the optimum sitine of lots
for natural and passi��e heatine and cooline opportunities. The development of the site
���ill be subject to site plan and architectural revieH� to ensure the masimum utilization of
natural and passi��e heatine and cooline opportunities.
C. Pursuant to Govemment Code Section 66�12.3 of the Subdivision Map .Act. the Council
certifies that it has considered the effect of this approval on the housins needs of the
reeion and has balanced those needs aeainst the public ser��ice needs of the residents of
the Cirv and the available fiscal and em ironmental resources.
D. The site is ph}�sicall}� suited for residential de��elopment, because it is generall}� level and
is located adjacent to existing residential de��elopments. The Project conforms to all
standards established bv the Ciri� for a residential development.
E. The conditions herein imposed on the arant of permit or other entitlement herein
contained is approximatel}� proportional both in nature and e�tent to the impact created
bv the proposed de��elopment.
It1. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Govemment Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90
dav period to protest the unposition of an}� impact fee. dedication. resen�ation, or other e�action
described in this resolution begins on the effecti��e date of this resolution and anv such protest
must be in a manner that complies �i-ith Section 66020(a) and failure to follow timel}� this
procedure ���ill bar anv subsequent lesal action to attack, set aside, void or annual imposition.
The rieht to protest the fees. dedications. resenations. or other exactions does not appl}� to
planning; zoning, erading, or other similar application processing fees or semice fees in
connection «ith the project; and it does not apph� to any fees. dedication. resen�ations, or other
esactions �rhich have been ¢iven notice similar to this. nor does it revive challenees to an�- fees
for«�hich the Statute of Limitations has previouslv expired.
BE IT FliRTHER RESOL\JED that the Cirv Council does hereb�� approve the Project
subject to the eeneral and special conditions set forth belo«�.
N. TENTATIVE A4.4P GENERAL COI�'DITIOI�'S OF APPROVAL
Unless otherwise specified or required by la�ic (a) the conditions and Code requirements set
forth beloti� shall be completed prior to the related Final Map as determined bv the Development
Sen�ices Director and the City Eneineer, unless othen�-ise specified, "dedicate" means grant the
appropriate easement, rather than fee title. �'here an easement is required the Applicant shall be
required to pro��ide subordination of an}� prior lien and easement holders in order to ensure that
the City has a first priorit}� interest and riehts in such land unless othen�-ise excused b�� the Cit��.
Vdhere fee title is eranted or dedicated to the Citi. said fee title shal] be free and clear of all
encumbrances, unless otheni�ise eacused bv the Cit�=.
Resolution No. 2014-211
PaQe No. 8
Should conflictine wordina or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manaeer or designee.
GENERAL/PLANNING AND BUILDING
]. 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 12-OS generall}� located south of the existing Olympic Pazkwa}� 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 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
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 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.
�. 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 SEIR 12-0]) for Amendments to the Chula Vista
General Plan (GPA 12-04) and Otay Ranch Genera] 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) Supplemental Environmental
Impact Report (CV SEIR 12-01) 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 within the 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 OFAIRPORT I�ICINITY: This properh� is presentiv located rn the vicinity of an
air•port, ti+-ilhin irhut is ln7oi+>» as an ai�port influence urea. For Ihai reuson, Ihe properry
muy be subjec� lo some of tlie a�7»oya�zces or i�icom>enie�7ces associaled tirid�prosrmin�to
ai�port opera�ions (for example: noise, nibi•a�ion, or odo�•s). Individual sensitivities to
lhose annovances can vary fi�om per�son lo person. You may wisl� to consider tinha!
ui�port uniioyuraces, irunv, ure associated i+�ilh tlle pr-operh� berore J�ou complete your-
pm�chase or lease a�ad determine N�hether tlae� are acceptable to you.
Resolution No. 2014-211
Pa�e?�'o. 9
A cop}� of this disdosure document shall be recorded with the Citv of Chula V"ista as part
of project appro��al. Each prospective homeo��mer shall si�n the disclosure document
confirmine the�� have been informed of the ��icinity of the airpon prior to the purchase of
a home.
7. The Applicant shall obtain appro��al of a subsequent Final Map sho���ine condominium
owmership prior to development of condominiums N�ithin am� Plannine Area proposing
mised residential/commercial or multi-familv residential uses.
8. The Applicant shall construct public facilities in compliance H�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
facilin� chapter. At the applicant's request; the City Eneineer and De��elopment Services
Director ma}�_ at their discretion, modify the sequence, schedule, ali2nment and desien of
improvement construction should conditions chanee to H�azrant such a re��ision.
9. Prior to the first final map, the applicant �+�ill enter into an aereement to pro��ide fundine
for periods �i�here project espenditures exceed projected revenues in compliance ti•ith
CVMC 19.09.060(J).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets sho���n on the tentative map �vithin the subdivision boundarv. The applicant shall
construct or enter into an aereement to construct and secure all street and intersection
improvements as necessary to mitigate the impacts of the Project and as specified in Otav
Ranch Villaee 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.�
"Phasine Summary' and Table C.6 "Project Frontage R Access '. The Applicant shall
construct the public improvements and pro��ide securin� satisfactor�� to the Cit�� Eneineer
and Citv Attomev.
11. Prior to appro��al of any final map sho�vine public or pri��ate streets; the Applicant shall
obtain appro��al of street names to the satisfaction of the De��elopment Services Director
and Citv En2ineer.
12. In accordance �;�ith Standazd Tentative Map Condition 40: The applicant shall notifi- the
Citv at least 60 da��s prior to consideration of the first map b}� the Cit�� if any off-site
right-of-���av or any interest in real property needed to construct or install off-site
improvements cannot be obtained as required by the Conditions of Appro��al. After said
notification, the de��eloper shall compl�� ��ith the requirements set forth in Standard
Condition 40.
13. Prior to approval of the first Final A1ap For the Project. the Applicant(s) shall provide an
approved amendment to the Subarea l�'ater Master Plan (SAMP) bv the Otay Water
District. The SAMP �vill pro��ide more detailed information on the project such as
project phasine; pump station and reservoir capacit}� requirements, and extensi��e
computer modeling to justif}� recommended pipe sizes. (Engineering; Plannine).
Resolution No. 2014-211
Page No. 10
14. Prior to appro��al of each Final "B" Map, present verification to the Cin� Eneineer in the
form of a letter from Otay �i'ater District that the subdivision will be pro��ided adequate
water sen�ice 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 waiver 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 subdi��ision design deviations from adopted City standards and state that in
his/her professional opinion, no safet}� issues will be compromised. The waiver is subject
to approval by the Cit�� Eneineer in the City Engineer's sole discretion. (Engineerin�)
16. Prior to approval of any construction permit Applicant shall ensure that all emergency
access roads are desiened with a Traffic Index of 5 and constructed out of concrete or as
approved by the Cit}� Engineer. (Engineering)
Public Facilities:
17. Prior to appro��al 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.
18. Prior to issuance of any building permit for a residential unit located within the Ciry of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from H�ithin Village 2 to Olympic Parkway and La Media Road.
19. Prior to the approval of the first Final Map for the Project, the De��eloper shall provide an
agreement to the satisfaction of the Development Services Director stating that the
Applicant will not protest the formation of a reimbursement district to finance the
construction of Heritaae Road for its prorate share of the road as determined b}� the
Development Services Director.
20. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacit}� or upsize the inadequate se�ment, 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 Sewer DIFs to indude the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
22. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Resolution No. 2014-211
Paee 1vo. I 1
Affordable Housing:
23. Prior to appro��al of the first finai map for the project. the De��eloper shall enter into a
Balanced Communities Affordable Housine Agreement, in compliance ��ith applicable
Cit�� and State of California reeulations. If an ekistina Affordable Housina .Asreement is
already in piace, Applicant shall adhere to the terms thereo£ �
Grading:
24. Grading plans that include freestanding ���alls or sound ��alls adjacent to 2:1 or greater
slopes more than 6 fr. high shall include a minimum 2 fr. wide le�•el bench for
landscapine and maintenance access adjacent to the H�all.
2�. Applicant �vhose propem is adjacent to graded slopes �ti�here landscape and imgation is
required to be installed shall be responsible for that portion of the slope landscape and
imaation installation.
26. Prior to Cin� acceptance of an�� landscaped areas, Applicant shall install permanent H�ater
meters in accordance ��ith the approved landscape and imeation plans to the satisfaction
of the De��elopment Sen�ices Director.
27. Prior to issuance of an}� eradine permit the Applicant shall ensure that all earthwork shall
balance to the satisfactio❑ of the development sen�ices director and the cim engineer.
(Land Development)
28. Prior to the issuance of any construction or �rading permit �+�hich impacts off-site
propert��, the Applicant shall deli��er to the City, a notarized letter of permission to
construct or grade and drain for all off-site gradina. (Engineerine)
29. Prior to issuance of anv eradine or construction permit based on plans proposing the
creation of doNm slopes adjacent to public or private streets. .Applicant shall obtain the
City Engineers appro��al of a stud}� to determine the necessity of pro��idine �uardrail
improvements at those locations. Applicant shall construct and secure any required
euardrail improvements in conjunction ���ith the associated construction permit as
determined bv and to the satisfaction of the Cin Eneineer. The euazdrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requuements and
American Association of State Hiah���av and Transportation Officials (AASHTO)
standards to the satisfaction of the Cit�� En�ineer.
30. Applicant shall ensure that all private lot drainage and slopes compl}' �i-ith the current
buildine code used b��the Cit�� of Chula Vista.
31. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
aoreement to maintain and repair an� erosion caused b�� the Project on anv off-site
propem� to the satisfaction of the Director of Development Ser��ices.
Resolution No. 2014-211
Pase No. 12
Parks:
32. The Applicant shall offer for dedication. with the appropriate final maps for public use,
all the remainine park sites identified in the SPA plan and tentative maps that have not
been previousl}� offered for dedication (except the 0.3 acre located within R-4B(b) lot 2
which shall be offered for dedication; if necessary to meet parkland obli�ations, prior to
approval of the final map for Neiehborhood R-4B(b).
33. The Applicant shall remo��e 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 pazkland located in the City of San Diego's easement for the
Ota}� II Pipeline, Applicant shall relocate the ��aterline from within Village 2 to Olympic
ParkH�ay and La Media Road. No credits will be issued for parl:land acquisition until the
easement is removed and the land is unencumbered.
Landscaping/W alls/Fen ces:
35. Applicant shall comply �vith Standard Conditions 31, 32, 34. 3�, and 37.
36. Prior to .approval of the b ading 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.
Presen�e Open,Space
37. Prior to the approval of the first final map for the SPA Plan, the applicant shall annes the
project azea«�ithin the Otay Ranch Presen�e Communit}' Facilities District No. 97-2.
38. Prior to recordation of each final map the applicant shall com�ey 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 azea, 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 OHmer Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Ota}- Ranch Presen�e Community Facilities District No. 97-2 has generated sufficient
revenues to enable the Preserve O�mer Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the oFFered conveyance propeRy consistent with
the Ota}� Ranch Resource Management Plan Phase 2 until the Otay Ranch Preser��e
Community Facilities District No. 97-2 has generated sufficient revenues to enable the
Preserve Owmer 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
facility.
Resolution No. 2014-211
Paee No. 13
40. Prior to issuance of the fust building permit or other discretionan permits for mi�ed use.
multi-famih, or other non-residential developments N�ithin the project site. the Applicant
shall compl} Nith applicable provisions of Municipal Code Section 8.24 - Solid Waste
and Litter, and Section 8?� — Recvcling, related to de��elopment projects, to the
satisfaction of the Department of Public V�'orks. Environmental Services Di��ision. These
requirements include. but aze not limited to the followina design requirements:
a. The Applicant shall design mised-use, multi-familv, and commerciai development
projects to compl}� ti�ith the Recvcline and Solid R'aste Standards for central
collection bin services.
b. The Applicant shall design each single-famil�� lot or residence to accommodate the
storaee and curbside pickup of individual trash. rec}�dina and green ���aste containers
(3 total), as appro��ed for a small-quantit}� generator (single famih� residential use).
V. The followine omeoine conditions shall apply to the Project Site as lone as it relies on
this approval� � �
1. Appro�al of this request shall not "�aive 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 Property O«ner and Applicant shall and do agree to indemnif�. protect. defend and
hold harmless City, its Cirv Council members. officers, employees and representatives,
from and aQainst any and all liabilities, losses, damaees, demands, daims and costs,
induding court costs and attomey's fees (collectivelv. liabilities) incurred by the Cin-
arisine, directly or indirectl}, from (a) City's approval of this tentative map and (b) City`s
approval or issuance of anv other permit or action. whether discretionar�� or non-
discretionar}�, in connection ��ith the use contemplated on the Project Site. The Property
O��mer and Applicant shall acl:nowledge their agreement to this provision b}� e�ecutine a
cop�� of this Tentative Subdivision Map «�here indicated below. The Propem� O�ner`s
and Applicant`s compliance �aith this provision shall be binding on any and all of the
Propem O«�ner`s and Applicant's successors and assigns.
3. 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 De��eloper
as to am� or all of the Propem�.
4. The Applicant shall comph with all requirements and guidelines of the Cit}� of Chula
Vista General Plan; the Ciri's Growrth A4anaQement Ordinance; Chula Vista Landscape
Manual, Chula Design Plan: Otav Ranch General Development Plan, Otav Ranch
Resource �4anaeement Plan. Phase 1 and Phase 2: Ranch Wide Affordable Housinv Plan:
Otay Ranch Overall Desien Plan; Otav Ranch Villaee 2 Sectional Plannins Area (SPA)
Plan and supporting documents including: Village 2 Public Facilities Finance Plan and
supplemental PFFP; Villaee 2 Parks. Recreation, Open Space and Trails Plan; Village 2
SPA Affordable Housins Plan and the Non-Rene«�able Enerev Conservation Plan as
amended from time to time, unless specificall�� modified b�� the appropriate department
head, ���ith the approval of the Cit�� Manager. These plans ma� be subject to minor
modifications bv the appropriate department head. �i�ith the appro��al of the Cit}� Manager,
ho�e��er. anv material modifications shall be subject to appro��al b} the Citv Council.
Resolution No. 2014-211
Paee No. 14
5. If any of the terms. co��enants or conditions contained herein shall fail to occur or if they
are, by their terms. to be implemented and maintained over time, if an�- of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the rieht to revoke or modifi� all approvals herein �ranted includin� issuance of
building permits, deny, or further condition the subsequent approvals that are dem�ed
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their ��iolation. The applicant
shall be notified 10 days in advance prior to any of the abo��e 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 challenees
to the Supplemental Environmental Impact Report (SEIR-13-01) and subsequent
environmental review for the Project and any or all 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.
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
esecution, this document shall be recorded �vith the County Recorder of the Count}� of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City's Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property ONner/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 lL 8 /y
V ge II of Otay HB SUB, Otay Ranch TI Sun 12, LLC Date
Otay Ranch Village I]-PC-15. LLC, Village Il of Ota}�, L.P.,
Sunranch Capital Partners, LLC, Montecito Village, LLC
Applicant
�� Nicholas Lee /Z /N
Baldwin R Sons. LLC Date
Resolution No. 2014-211
Paee No. 1�
VII. COI�TFORM.A\'CE W�ITH CITI' SUBDI\%]SION MANUAL
The Cih� Council does hereb}� find that the Project is in conformance ���ith the Citv of Chula
Vista Subdivision Manual. Section 18.12 and the requirements of the Zoning Ordinance.
VIII. I?�iVALIDITY: AUTOn4.ATIC REVOCATIO?�'
It is the intention of the Citv Council that its adoption of this Resolution is dependent upon the
enforceabiliri� of each and e��en� term. pro��ision. and condition herein stated; and that in the
e��ent that an}� one or more terms, pro��isions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal. or unenforceable. this resolution, the map approved
hereunder, and am� permits issued in reliance hereon shall be deemed to be automaticalh�
re��oked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve
Tentative Subdi��ision Map (CVT-12-04) subject to conditions listed above to subdivide tH�o (2)
e�istine lots totaling approaimately 1.8 acres into six (6) sinele family lots and one (1) multi-
familv lot; the Tentati��e Map covers a total of 31 residential units.
Present�by Approved as to form by
�
Kell}� G. rouahton; FASLA Glen R�Gooeins
Director of Development Sen�ices it}� Att me��
Resolution No. 2014-211
Page No. 16
PASSED, APPROVED, and ADOPTED•by the City Council of the Cit�- of Chula Vista
California, this 4th day of November 2014 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Salas and Cox
NAYS: Councilmembers: Ramirez
ABSENT: Councilmembers: None
Cheryl Cox; Mayor
ATTEST:
Donna R. Noms. . Ciri� Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I; Donna R. Norris, Cit}� Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2014-211 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 November 2014.
��. �
Donna R. Norris, C C, City Clerk
Resolution No. 2014-211
. Paee No. 17
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