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HomeMy WebLinkAboutReso 2014-212 Recordiug requested � b}�: Cin•of Chula Vista Aker recordine returo to: Cirv Clerk's Office Cit��of Chula Vista 2 i 6 Founh A�•enue Chula Vista CA 91910 Atm: Liz Brioes Fee Exempt-� Go��`t Code 6103 � � . �:� 1_.I , i . . �� I�. . ... �. . Dec 18, 2014 09:79 AM OFFICIAL RECORDS ErnestJ. Dronenburg,Jr, SAN DIEGO COUN7Y RECORDER FEES: 50.00 for Recorder's use� RESOLUTION NO. 2014-212 RESOLUTION NO. 2014-Z 12 RESOLUTIOI�' OF THE CITY COUI�'CIL OF THE CITl' OF CHtiL.A VISTA APPROVING A TENTATIVE SliBDIVISION n4AP V�ITHII�' OTAl' RAI�'CH \'ILLAGE 2 SOUTH— CHlJI_A VISTA TRAC7 12-0� I. RECITALS l. Project Site �i'HEREAS, the parcel, that is the subject matter of this resolution_ is represented in Eahibit "A," attached hereto and incorporated herein by this reference, and for the purpose of �eneral description, is located in the northem ponion of Otav Ranch Village 2 South Neiohborhoods R-166, R-17b(a), R-17b(b), R-19b, R-20, R-21b, R-23, R-24, R-2�a and R-27, Chula Visia ("Property"); and 2. Project; Applications for Discretionarv Approval R�HEREAS. on Juh� 9, 2012. a dul}� verified application for a Tentative Subdivision A4ap (Chula Vista Tract (CVT) 12-0�) was filed with the City of Chula Vista Development Services Department b�� Bald���in and Sons (`ApplicanY') to subdivide a 170-acre site ���thin Otay Ranch Villaee 2 South, Neiehborhoods R-16b. R-17b(a), R-176(b), R-19b, R-20, R-21b, R-23, R-24, R- 2�a and R-27 into 226 single famil}� lots, 77 multi-famil}� lots. one (1) HOA lot. four (4) open space lots, one (1) public park; t��=o (2) industrial lots. and three (3) CPF lots: and 3. En��ironmental Determination �1'HEREAS, the Development Sen�ices Director has revie���ed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project may ha��e a significant effect on the em�ironment as identified in previous FEIR 02-02; therefore; the Cin- of Chula Vista has prepared a Supplemental Em�ironmental Impact Report, SEIR-12-01/SCH 2O03091012 pursuant to CEQA 1�163.; and V�'HEREAS. the Cirv Council of the Cin� of Chula Vista. havine re��ie���ed. anah�zed. and considered the previously certified Final Environmental Impact Report (FEIR) as re��ised by the Final Supplemental Environmental ]mpact Report (FSEIR 12-01/SCH2O03091012) pursuant to the Califomia Environmental Quality Act, made certain Findines of Fact and adopted a Statement of O��emdins Considerations and a n4itigation Monitoring and Reponing Program for the GPA. GDPA. SPA Plan and associated Tentati��e Maps pursuant to CEQA, b�� Resolution No. 2014-212: and Resolution No. 2014-212 Pase No. 2 4. Plannin� Commission Record on Application WHEREAS, on October 8, 2014, the Director of Development Services set a hearing before the Plannin� Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given b}� both publication in a newspaper of eenera] circulation in the City and mailing to property o�mers and residents �-ithin �00 feet of the e�terior boundaries of the Property at least ten (10) days prior to the hearine: 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 Fourih Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 12-05; and WHEREAS, the Planning Commission afrer considering all evidence and testimony presented, the Plannine Commission did not act on the resolution since the Plannine 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 Reporting Program and not Certif}� the Final Supplemental Environmental Impact Report (FSEIR 12- Ol/SCH 2O03091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villaaes 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 5-1- 0-1: 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 genera] 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 heazing; 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 �vas thereafrer closed. NOW, THEREFORE; BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: Resolution ?�'o. 2014-212 Paee I�'o. 3 II. TEI�'TATI\'E SUBDIVISION ntiAP FII�'DII�'GS .4. Pursuant to Govemment Code Section 66�73.� of the Subdi��ision Map Act, the Cih Council finds that the Tentati��e Subdi��ision n4ap. as conditioned herein; is in conformance �+�ith the elements of the Cirv`s General Plan. based on the follo�ti�ine: 1. Land lise and Transoortation The current General Plan land use desienation for I�'eiehborhoods R-20. R-21b. and R-23 is Residential Loti� Medium; for Neighborhoods R-17b(a), R-17b(b), and R-19b is Residential n9edium Hieh: for Neishborhoods R-2� and R-2�A is Residential Hieh: and for I�eiehborhoods R-16b�and R-27 is Mixed Use ResidentiaL The proposed project is consistent H�ith these land use desienation as all densities fall �•ithin the prescribed GP ranees for each of these cateeories. The current Otay Ranch GDP land use desienation for Neighborhoods R-20; R-21b, and R-23 is Low Medium Village Densitv Residential (LMV); for I�'eiehborhoods R- 17b(a) and R=196 is A9edium Densit}� Residential (M); for Neiehborhoods R-166, R- 17b(b), R-24, R-2�a and R-27 is Hieh Densin� Residential (H)�The proposed project is consistent ���ith these land use desi2nation as all densities fall ��=ithin the prescribed GDP ranees for each of these cateeories. The existing implementing zone in the Villase 2 Planned Communin� District Regulations is Sinele Famil}� 3 (SF3) for Neighborhoods R-20 and R-21b; Sinele Familv 4 (SF4) for Neiehborhood R-23; Residential Multi Famil}� 1 (RI�91) for Neiehborhoods R-17b(a) and R-19b; and Residential Multi Famil�� 2 (RM2) for Neiehborhoods R-16b. R-17b(b), R-24; RZ�a and R-27. All neiehborhoods, as sho�tin on the TM, are consistent with these desienations. In total; this Tn4 depicts 97� residential units. � The subdivision design consists of 303 residential lots, one (1) HOA lot, four (4) open space lots, one (1) public park, t��o (2) industrial lots, and three (3) CPF lot. 226 of the lots �;�ill be sinale famil�� and ranae from �.060 sf to 14A64 sf in size. T of the lots are small lot single famil�� (each intended for a single detached product) that aze cateeorized as multi-famil}� due to their densit}�. The remainine four (4) multi-famil� lots aze 4J acres (R-17B(b)), Z.� acres (R-24), 14.1 acres (R-2�a) and 8.7 acres (R- 27). These lots aze planned to allow a masimum of 9� units, >9 units, 330 units and 17� units. respectiveh�. The proposed project furthers the polic}� objecti��e for "Urban Villages" to have "higher densrties and mixed uses in ihe village cores'' and to "provide a iride runge of residential housing opportunrties...irhrch promo�es a blend of multi fumily and single fanrilv housing sryles and densrlres. integraled und compatible i+�ith olher land uses in the oreo. " The proposed project ���ould support Smart Gro��nh Principles, as it provides compact de��elopment oriented to pedestrians; bicvclists and transit, and N�ould further minimize urban spra���l de�elopment patterns. The proposed changes H�ould also pro��ide more land use di��ersit��. increase pedestrian orientation and mal:e commerciai uses in Villaee 2 more ��iable. Resolution No. 2014-212 Page No. 4 All off-site public streets required to serve the subdivision already eaist or ��ill be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of ApprovaL The on-site public streets aze designed in accordance ��ith the Cih� desien standards and/or requirements and provides for vehiculaz and pedestrian connections. 2. Economic Development The proposed project results in an increase of ],�62 residential units. There is a reduction of 70 typical sinele family lots and provision of a wider range of housine options and pricing for potential home-bu}�ers in the current housing market. By adding these units, increased patronage to the nearb}� commercial and public/quasi- public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allo��s for further development of detached small lot single-family homes and multi-family housin�. The Project provides homebuyers the opportunity to purchase both attached and detached homes with greater affordabilit��, reduced maintenance/utilit}� costs, and less dependency on the automobile, a guiding principal of the Otay 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 development beaefits at the communit}� level by 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 community serving commercial and public/quasi public uses as N�ell 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 will be available to serve the Project concurrent with the demand for those sen�ices. A Supplemental PFFP has been prepared to analyze the additional demand generated by 1,562 new units for public services and facilities, and the phasing needs created by the Project. A project-level H-ater quality technical report was completed for the proposed project. The water quality technical report outlines the means and methods for achieving the H�ater quality treatment and hvdromodification 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. Resolution No. 2014-212 Paae No. � The proposed project N�ould continue to compl�� u�ith all applicable rules and regulations includine compliance �ti�ith ?�TPDES permit requirements for urban runoff and storm ���ater discharge. Best A4anagement Practices (BD�IPs) For desien, treatment and monitorine for storm ��ater qualitv H�ould be implemented as delineated in the Mitigated Neeati��e Declazation N ith respect to municipal and construction permits. Compliance ��ith all applicable rules and regulations Roveming ��ater qualit�� as well as implementation of all mitiQation measures outlined in the n4itieated Neeative Declaration and the ���ater quality technical report «ould ensure no additional impacts to ���ater qualitv. Project-specific analyses have been conducted relati��e to the project's potential se�tier and ���ater impacts. The proposed project �;�ould increase averaee projected H�ater demands by 472,420 gallons per da}� (gpd). A A'ater Supply Assessment and Verification Report analvzing these new demands ���as approved b�� the Otay Water District's Board of Directors on No��ember 6. 2013. The proposed project adds 1,�62 units to the Poeei and Salt Creek basins; �ti�hich results in an increase of 248,T 0 epd (9�8 EDU) to the Posgi Basin and 12831� epd (484 EDU) to the Salt Creek Basin. T�i�o reaches of the Poeei Can��on Interceptor ha��e alreadv been identified for future rep]acemenr the proposed project ���ould require one additional reaches of the Poegi Canvon Interceptor to be upgraded in the future. Upon appro��al of the proposed project, the Development Impact Fee for the Posei Basin would be updated to reflect the inclusion upsizins of P34� to P36� and to include these additional units. The neti� units do not result in am� deficiencies in the Salt Creek Basin. 4. Environmental Element The proposed project has been revie���ed in accordance ���ith the requirements of CEQA. A �l'ater Qualiro Technical Report; Traffic Impact Smd��; Noise Impact Report, Air Qualit�� and Global Climate Change E�aluation. Sewer Sen�ice Technical Memo and V�'ater Sen ice Technical Memo ha��e been prepared. re��iewed and approved by the Cit��. 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 97� units associated �vith this Tentati��e Map) to the Villase 2 SPA Plan. �. Gro�Th Manasement The proposed project ���ould result in 1;�62 additional dwellins units in Viliaee 2. A Supplemental PFFP has been prepared which anal��zes an�� potential impacts on public facilities and sen�ices. and identifies the facilities, phasing and timing trigsers for the provision of facilities and sen�ices to sen�e the project, consistent with the Citys Qualit�� of Life Threshold Standazds. A project-specific traffic study, the Tru�c Impuct.9no/ysis Village ? Comprehe�isive SP.4 Amendmenl; anal��zes the impact of 1,�62 additional units in Villaee 2. The vaffic studv concludes that the proposed project ���ould senerate a total�of 13,840 extemal dail}� trips b}� buildout of the project. including 1;068 AM peal: hour trips and 1,367 Pn9 peak hour trips. Resolution No. 2014-21 Z Paee No. 6 Direct traffic impacts would occur at two intersections along Heritage Road; signalization would mitigate the intersection with Avenida De Las Vistas (in the Cit}� of San Diego) and the intersection with Olympic Parkway will be mitigated through pa}�ment of TDIF fees that will allow for the construction of Main Street and La Media Road. Additionallv, the project would result in cumulative impacts to seven other inter§ections. Of these. all but one will be mitigated through signal and road improvements that are covered by the TDIF program (towards which the project will pay all appropriate fees). The final intersection, at I-805 SB ramps and Ol��mpic Parkway, has no feasible mitigation and remains significant and unmitigable. 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 �vould be mitigated by payment of TDIF fees for the construction of n9ain Street between Heritage Road and La Media Road. Two other roadway segments ���ould be cumulatively impacted by the proposed project. Olympic Parkwaq bet�veen Heritage Road and Santa Venetia Street would be mitigated through pa}�ment of TDIF fees toward construction of Main Street between Herita�e Road and La Media Road. The other roadway segment, Orange Avenue between Melrose Avenue and I-S0� SB Ramps, has no feasible mitigation and remains significant and unmitigable. 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 would 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 southem portion of the core. It is anticipated the entire Village 2 project will now generate approximately 1,�17 students. CVESD sizes elementary schools to accommodate between 750 and 1.000 students; therefore, the ne��� smdents would not result in inadequate school facilities. The CVESD will determine which 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 Sweet��ater Union High School District (SUHSD). It is anticipated that approzimately 123 middle school and 344 high school students are generated by the Village 2 SPA Amendment project. The project site is N�ithin the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementar}� school facilities through participation in CVESD and SUHSD CFDs. Resolution I�'o. 2014-212 Paee No. 7 6. O�en Soace and Consen ation The proposed project meets the minimum open space requirement per the \'illaee 2 SP.A Plan and Planned Communit�� District Re_ulations. The project senerates a demand for an additional 12.16 acres of park land. This oblieation will be met throueh the Applicant's dedication of parl:land. To achie��e this. two ne�v public pazks have been created and t�-o within the existing plan have been e�panded. As part of the Villaees 2 SPA Plan. ]09 acres of open space was required to be pro��ided to meet Ota}� Ranch GDP threshold. The \rillaee 2 SPA Plan provided approximatel}� 203.� acres of on-site open space. The proposed project would increase the open space demand to 176.7 acres. The 181.2 acres pro��ided in the village e�ceeds the Ota� Ranch GDP open space requirement. In addition, the Otay Ranch Resource n4anagement Plan requires conve}�ance of 1.188 acres of preserve land for e��ery acre of non-common de��elopment area. Applicant will be responsible for satisf��ine this requirement concurrentl}� with the processine of the final maps. Because the amendment is over azeas of previousl�� planned de��elopment, the total dedication required does not chanee much from the orieinal project. The Applicant has existine "credits ' «�hich were previously dedicated to the Ota} Ranch Preserve O«�ner/Manaeer Nfiich �+�ill be used to partiall}� satisfv this oblieation. The proposed landform �rading conforms to the Cim's gradine Ordinance and retains regional and natural open space features. The de��elopmen[ of the site is consistent ���ith the goals and policies of the Conservation Element. B. Pursuant to Go��ernment Code Section 66473.1 of the Subdivision Map Act; the confieuration, orientation, a�d topograph}� of the site allo��� for the optimum sitine of lots for natural and passi��e heatine and cooling opportunities. The de��elopment of the site will be subject to site plan and architectural recie«� to ensure the maximum utilization of natural and passi��e heating and cooline opportunities. C. Pursuant to Go��emment Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this appro��al on the housine needs of the reeion and has balanced those needs against the public sen�ice needs of the residents of the Cit�� and the a��ailable fiscal and environmental resources. D. The site is ph}�sicall�� suited for residential de��elopment. because it is Qenerally le��el and is located adjacent to e�:isting residential developments. The Project conforms to all standards established by the Cit�� for a residential de��elopment. E. The conditions herein imposed on the erant of permit or other entitlement herein contained is approximately proportional both in nature and e�tent to the impact created bv the proposed development. Resolution i�'o. 2014-212 Page No. 8 I11. GOVERNMENT CODE SECTIOI�' 66020 NOTICE Pursuant to Govemment Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar an}� subsequent le�al action to attack, set aside, void or annual imposition. The right to protest the fees; dedications, reservations, or other exactions does not apply to planning, zonine, grading, or other similar application processing fees or service fees in connection ��th the project; and it does not apply to any fees, dedication, reservations, or other exactions ��hich have been given notice similar to this, nor does it revive challenges to any fees for H-hich the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the eeneral and special conditions set forth below. IV. TENTATIVE MAP GEI�'ERAL CONDITIONS OF APPROVAL Unless otheni-ise specified or required b}� laN�: (a) the conditions and Code requirements set forth beloti� shall be completed prior to the related Final Map as determined by the Development Services Director and the City Eneineer, unless otherwise specified, "dedicate" means ��rant 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 escused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and cleaz of all encumbrances, unless other��ise escused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. CENERAL/PLANNING AND BUILDING 1. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 12-02, 12- 03. 12-04. and 12-0� generally located south of the existing Olympic Park��-ay and west of La Media Road. 2. The Project shall comply with appro��ed 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 induding but not limited ro Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housine Plan and Non-Renewable Energy Conservation Plan, Air Quality lmprovement Plan, Water Conservation Plan, Fire Protection Plan and the City of Chula Vista Standard Tentative Map Conditions, on file in the Office of the City Clerk and incorporated herein. Resolution No. ZO1�-212 Paae I�'o. 9 3. Prior to the issuance of the 60th residential building permit for Neiehborhood R-20. the Applicant shall commence construction on the CPF-2 pazk site, to the satisfaction of the Development Sen�ices Director. �. Applicant shall pa}� in full am� unpaid balance for the Project, includine Deposit Account No. DQ1696. �. The Applicant shall implement; to the satisfaction of the De��elopment Sen�ices Director and the Citv Engineer: the mitigation measures identified in the Supplemental Emironmental Impact Repon (CV SEIR 12-01) for Amendments to the Chula Vista . General Plan (GPA 12-0�) and Ota�� Ranch General Development Plan (PCM-12-17) and associated A4itieation Monitorine and Reporting Pro2ram (MD4RP) for the Projecr and the Otav Ranch Sectional Plannine Area (PCM-12-18) Supplemental Environmental Impact Report (CV SEIR 12-01) and associated A4itigation Monitorins and Reporting Program (M1�9RP) for the Project, �+-ithin the timeframe specified in the MMRP. 6. The CCRR's for each HOA ���ithin the project shall contain a provision that pro��ides all ne�� residents ���ith an overflight disclosure document that discloses the follo«�ine information durine any real estate transaction or prior to lease signing, as required b�� the Bro��n Field ALUCP: NOTICE OF.9IRPORT i%ICIArITY: This property is presentiv locu�ed ii7 the viciniry of un airpor�. lrrthin irhat is knoirn us un airport influence area. For that reason. the propern� may be subject ro some of the annovances or rncom�eniences associuted tirith proximiry 10 airport operations (for e.rample: noise. vibration, or odors). Indiridual sensitii�ilies to those a�tnoym�ces can vary from person to person. 3'ou may tirish to consider x�ha1 airport annoym7ces. i(any. are ussociated �t�ith Jhe propern� before vou complete i�our purchase or leuse and detennir�e whe�her thev ure acceptable to you. A cop}� of this disclosure document shall be recorded ���ith the City of Chula Vista as part of project appro��al. Each prospective homeo��mer shall sien the disdosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall obtain appro��al of a subsequeni Final Map sho�aing condominium o��mership prior to development of condominiums �+�ithin an}� Plannina Area proposine mixed residentiaUcommercial or multi-familv residential uses. � 8. The Applicant shall construct public facilities in compliance ���ith the Ota�� Ranch Villaee 2 Comprehensive 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 applicant's request, the City Eneineer and De��elopment Services Director ma}�. at their discretion, modifi the sequence, schedule, alignment and design of improvement construction should conditions change to �+�arrant such a re�ision. Resolution No. 2014-212 Page No. 10 9. Prior to the first final map, the applicant will enter into an agreement to provide funding for periods ��here project e�penditures exceed projected re��enues in compliance N�ith CVMC 19.09.060(J). 10. The Applicant shall dedicate, with the applicable fina] map, for public use all the public streets showm on the tentative map within the subdivision boundary. The applicant shall construct or enter into an agreement to construct and secure all street and intersection improvements as necessary to mitigate the impacts of the Project and as specified in Otay Ranch Villaee Z SPA Plan Supplemental Public Facilities Finance Plan Table B.� '`Phasine Summarv' and Table C.6 '`Project Frontage & Access". The Applicant shall construct the public improvements and provide security satisfactory to the Cit}' Engineer and City Attorney. 1 l. Prior to approval of anv final map showing.public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. I2. ]n accordance ���ith Standard Tentative Map Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map by the City if any off-site right-of-way or an�� interest in real property needed to construct or install off-site improvements cannot be obtained as required by the Conditions of Approval. Afrer said notification; the developer shall comply with the requirements set foRh in Standard Condition 40. 13. Prior to approval of the first Final Map for the Pmject, the Applicant(s) shall provide an approved amendment to the Subarea Water 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 e�tensive computer modeline to justif}� 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 subdivision will be provided adequate water service and long-term water storage facilities. (Engineering, Planning) 1�. 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 subdieision 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 wil] 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 an}� 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) Resolution ?��o. 2014-212 Paee No. 11 Public Facilities: 17. Prior to approval of the Final D4ap that contains the public transit facilities. the Developer shall pro��ide a deposit in the amount of�20:000 for each transit stop pa}�able to the Cin of Chula Vista for a Capital Impro��ement Project for future transit improvements, or enter into an agreement to construct future transit impro��ements to the satisfaction of the Chula Vista Transit Coordinator and MTS. 18. Prior to issuance of an� building permit for a residential unit ]ocated ���ithin the Cin� of San Diego's easement for the Otay ll Pipeline, .Applicant shall relocate the ���aterline from �vithin Village T«o to Oh�mpic Park���a�� and La A4edia Road. 19. Prior to the issuance of the first buildine permit in R-21b, the applicant shall assure the location and confieuration of CPF-8 to the satisfaction of the Direcror of Development Services. � 20. Prior to the approval of the first Final Map for the Project, the Developer shall provide an aereement to the satisfaction of the Development Sen�ices Director statina that the Applicant �rill not protest the formation of a reimbursement district to finance the construction of Heritase Road for its prorate shaze of the road as determined b�� the De��elopment Sen�ices Director. 21. Prior to each final map de��eloper shall either demonstrate that Poegi Se��er has adequate capacity or upsize the inadequate segment. all to the satisfaction of the Director of De��elopment Sen�ices. 22. Prior to the first final map, De��eloper shall fund the updates of the Poggi Canvon and Salt Creek Se���er DIFs to include the projects proposed additional units. Further, prior to the first final map de��eloper shall agree not to protest the update of the Poe�i and Salt Creek Se�+�er DIF. � 2.i. Applicant shall aeree to update the pedestrian bridge DIF to incorporate additional units or change in facilit�� cost or location refinements facilities prior to appro��al of the first final map. Affordable Housing: 24. Prior to appro��al of the first final map for the project, the Developer shall enter into a Balanced Communities Affordable Housing Agreement. in compliance �rith applicable Cit�� and State of Califomia reeulations. If an existin¢ Affordable Housine Aereement is alread}� in place, Applicant shall adhere to the terms thereo£ y Gradiug: Resolution No. 2014-212 Page No. 12 2�. Gradine plans that include freestanding walls or sound walls adjacent to 2:1 or greater slopes more than 6 fr. hi�h shall include a minimum 2 fr. wide level bench for landscaping and maintenance access adjacent to the wall. 26. Applicant ���hose property is adjacent to graded slopes ti�here landscape and irrigation is required to be installed shall be responsible for that portion of the slope landscape and irrieation installation. 27. Prior to City acceptance oF any landscaped areas, Applicant shall install permanent ��ater meters in accordance with the approved landscape and irrigation plans to the satisfaction of the Development Services Director. 28. Prior to issuance of any gradine permit, the Applicant shall ensure that all earthwork shall balance to the satisfaction of the development ser��ices director and the city engineer. (Land Development) 29. Prior to the issuance of am construction or grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to construct or �rade and drain for all off-site grading. (Engineering) 30. Prior to issuance of any grading or construction permit based on plans proposing the creation of doNm slopes adjacent to public or private streets. Applicant shal] obtain the City Engineers approval of a study to determine the necessity of providing guazdrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by 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 or State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. 31. Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 32. 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 propeRy to the satisfaction of the Director of Development Services. 33. Prior to the first final map, developer shall agree to physically grade all industrial property and the CPF 9 site within Village Two South to the satisfaction of the Director of Development Services, prior to the final map proposing the 3,OOOth unit in Village 2 Parl:s: 34. 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 pre��iously offered for dedication (eacept the 0.3 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)). Resolution \'o. 2014-212 Paee No. li 3�. The Applicant shall remo��e all easements and encumbrances in the IOD azeas of pazk sites in V2 prior to acceptance of parkland b�� the Cin. 36. Prior to Cit� acceptance of parkland located in the Cim of San Dieso's easement for the Ota�� II Pipeline. .4pplicant shall relocate the H�aterline from Hithin Villaee 2 to Olvmpic Pazk��a}� and La Media Road. No credits ��ill be issued for parkland acquisition until the easement is remo��ed and the land is unencumbered. Landscaping/«'alls/Fences: 37. Applicant shall compl�� H•ith Standard Conditions 31. 32. 3�. 3�, and 37. 38. Prior to appro��al of the erading plans for Ind-3. landscape plans depicting edge treatments of the proposed basins and anv necessarp N�alls or fencine shall be submitted for appro��al to the satisfaction of the Development Sen�ices Director. Pi-esen�e Open Space 39. Prior to the approval of the first final map for the SPA Plan, the applicant shall anne� the project area H�ithin the Ota�� Ranch Presen=e Communin• Facilities District I�'o. 97-2. 40. Prior to recordation of each final map the applicant shall con�ey fee title to land ��ithin the Otav Ranch Presen�e to the Ota�� Ranch Preserve O��mer n4anaeer or its desienee 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 esecute a maintenance agreement «�ith the Preserve O�mer A4anaser statine that it is the responsibilit�� of the applicant to maintain the com�e}�ed parcel until the Ota�� Ranch Presen�e Community Facilities District \'o. 97-2 has eenerated sufficient revenues to enable the Presen�e Ow�ner Manaser to assume maintenance responsibilities. The applicant shall maintain and manage the offered conve��ance propem� consistent ti�ith the Ota�� Ranch Resource A9anaeement Plan Phase 2 until the Otav Ranch Preserve Community Facilities District No. 97-Z has generated sufficient re��enues to enable the Presen�e O��mer Manager to assume maintenance and manaeement responsibilities. Other 41. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of La h4edia Road and State Street. Applicant shall coordinate N�ith SA\'DAG, the Chula Vista Transit Coordinator and the Development Sen ices Director for the design of such a facilitv. 42. Prior to issuance of_the first building permit or other discretionary permits For mited use, multi-famil}�, or other non-residential de��elopments within the project site, the Applicant shall comph ��ith applicable pro��isions of Municipal Code Section 8.24 - Solid A'aste and Litter. and Section 8.2� — Recvcling. related to development projects. to the Resolution No. 2014-Z 12 Paee No. 14 satisfaction of the Department of Public Works, Environmental Services Division. These requirements include. but are not limited to the following design requirements: a. The Applicant shall design mixed-use, multi-family, and commercial development projects to compl}� with the Recycling and Solid V�'aste Standards for central collection bin sen�ices. b. The Applicant shal] design each single-family lot or residence to accommodate the storage and curbside pickup of individua] trash, recycling and green waste containers (3 total), as approved for a small-quantity generator (single famil�� residential use). B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: I. Approval of this request shall not wai��e compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of buildine permit issuance. 2. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Counci] members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands; claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's approval or issuance of an}� other permit or action, whether discretionary or non- discretionary, in connection ���ith the use contemplated on the Project Site. The Property ONmer and Applicant shall acl:nowledge their a�reement to this pro��ision by esecuting a copy of this Tentative Subdivision Map where indicated beloN�. The Property O��mer's and Applicant's compliance N�ith this provision shall be binding on any and all of the Property O�+�ners and Applicant's successors and assigns. 3. All of the terms, co��enants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Gro�4h Management Ordinance; Chu1a Vista Landscape Manual, Otay Ranch General Development Plan, Otay Ranch Resource Management Plan. Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents induding: Vi]lage Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village 7wo SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head; ��ith the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager. ho�vever, any material modifications shall be subject to.approval by the City Council. Resolution I�'o. 201�-212 Pase No. 1� �. If an�� of the terms. co��enants or conditions contained herein shall fail to occur or if thev aze, bv their terms, to be implemented and maintained o��er time, if an�� of such conditions fail to be so implemented and maintained accordins to their terms. the Cin shali ha��e the rieht to revoke or modify all appro��als herein eranted including issuance of buildine permits, den}, or further condition the subsequent appro��als that are demed +f_ from the appro��als herein eranted; institute and prosecute litieation to compel their � compliance with said conditions; and/or seek damages for their ��iolation. �I�he applicant shall be notified 10 da��s in ad��ance prior to an�� of the abo��e actions beine tal:en bv the Cin- and shall be gi��en the opportunit�� to remed�� any deficiencies identified bv the Cin•. 6. Applicant shall indemnifi�. protect; defend and hold the Cin= harmless from and aeainst an�� and all claims. liabilities and costs, indudine attome��'s fees. arisine from challenees to the Supplemental En��ironmental Impact Report (SEIR-12-01)�and subsequent environmental re��iea� for the Project and an�� or all entitlements and approvals issued b� the City in connection with the Project. 7. The applicant shall compl�� "�ith al] applicable Villaee 7�vo SPA conditions of approval; (PCM 12-18) as ma} be amended from time to time. VI. E?CECUTION AND RECORDATIOI�' OF RESOLUTION OF APPROVAL The Propert}� O��mer and Applicant shall execute this document sienine on the lines provided belo���. indicating that the Property O�+mer and .4pplicant have each read, understood and agreed to the conditions contained herein. and �aill implement same. Upon execution. this document shall be recorded �cith the Countv Recorder of the Countv of San Dieeo, at the sole expense of the Propert�� O��mer and/or Applicant, and a siened, stamped cop}� returned to the Ciri�`s De��elopment Semices Department. Failure to retum the sioned and stamped cop}� of this recorded document within 10 da��s of recordation shall indicate the Property O���ner/Applicanrs desire that the project. and the correspondine application for buildine permits and/or a business license. be held in abevance ���ithout appro��al. Propert�� O���ner ��� Nicholas Lee �Z �y Villase II of Otav HB SUB. Ota�� Ranch II Sun 12. LLC. Date Otav Ranch Villaee II-PC-1�. LLC. Villaee II of Otav. L.P.. Sunranch Capital Partners. LLC. Montecito Village, LLC Applicant �/(�(� Nicholas Lee /Z 8 �y Bald�vin R Sons. LLC Date Resolution No. 2014-212 Paee No. 16 Vll. CONFORI�4AI�'CE WITH CITY SUBDNISION MANUAL The City Council does herebv find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. INVALIDITY: AUTOMATIC REVOCATION ]t is the intention of the Cit}� Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map appro��ed hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-I2-OS) subject to conditions listed above to subdivide hvo (2) existing lots totaling approximatel}� 170 acres into 226 single family lots, 77 multi-family lots, one (1) HOA ]ot, four (4) open space lots, one (1) public park, two (2) industrial lots, and three (3) CPF lots; the Tentative Map covers a total of 975 residential units. Prese�ed Approved as to form by � �� Kell}� . oughton; FASLA Glen R.Gaogins Director of Development Sen�ices Cit�Atiemey Resolution No. 201�-21 Z Pa�e I�'o. 17 PASSED. APPROVED. and ADOPTED b� the Cit�• Council of the Citv of Chula Vista California. this �th da�� of?�'ovember 2014 bv the follow�ine vote: AYES: Councilmembers: AQuilaz. Bensoussan. Salas and Coz I�'A1'S: Councilmembers: Ramirez ABSENT: Councilmembers: None Chervl Cox. A4a��or ATTEST: Donna R. Noms. C C. iri- Clerk STATE OF CALIFORi\'lA ) COUI�iTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Noms. Cin� Clerk of Chula Vista. Califomia. do hereb�� certif�� that the foreaoin¢ Resolution I`'o. 2014-212 was duly passed. appro��ed, and adopted by the City Council at a regular meeting of the Chula Vista Citv Council held on the 4th da�� of No��ember 2014. E�ecuted this 4th dav of No��ember 2014. ���`�� ���, Donna R. I�'oms. CMC. Cit�� Clerk Resolution \o. 2014-212 Pa�e ?�'o. 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