HomeMy WebLinkAboutReso 2014-237 DOC# 2016-0184003
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ICC Apr 20, 2016 12:42 PM
Er5.ecording requested OFFICIAL RECORDS
cip, Ernest J. Dronenburg, Jr.,
by: SAN DIEGO COUNTY RECORDER
City of Chula Vista FEES: $0.00
After recording return
PAGES: 20
to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn:Sheree kart-as
Fee Exempt-
Gov't Code 6103
This spacefor Recorder's use only
RESOLUTION NO:2-M-237
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RESOLUTION NO. 2014-237
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHLTLA VISTA APPROVING TENTATIVE A4AP CVT-13-02
(PCS-13-02) FOR THE OTA1' RANCH VILLAGE TI�REE
NORTH AND A PORTION OF FOUR PROJECT SUBIECT TO
THE CONDITIONS CONTAINED HEREII�'
I. RECITALS
WI-IEREAS, the parcel of land w�hich is the subject matter of this Resolution is depicted
in E�ibit "1," attached hereto and incorporated herein by this reference and for the purpose of
general description consists of 436.0 acres, and identified in Countv Assessor Records as APN #
644-060-07-00, 644-060-15-00 and a portion of 644-060-19-00, (Project Site): and
WI-IEREAS, on March 26, 2012, a duly verified application requesting approval of a
Tentative Subdivision A4ap (PCS-13-02), Chula Vista Tract No. 13-02 (Tentative Subdi��ision
Ivlap), and the 5ectional Plan Area (SPA) Plan (PCr4-12-06), which followed the duly verified
applications for General Plan Amendment (GPA-10-02)(GPA), and General Development Plan
Amendment (PCA4-09-28) (GDPA), all of which were filed with the Ciry of Chula Vista
Development Sen�ices Department by SSBT LCRE V. LLC (the '`Applicant" and "Owner"): and
R'I�REAS. the City�s Development Sen�ices D'uector has reviewed the Project for
compliance w•ith the California Environmental Qualit}� Act (CEQA) and determined that the
Project N�ould result in a significant impact to the environment. and therefore has prepared the
Otay Ranch Universitti� Villaees Project Environmental impact Report (EII2), SCH#2013071077
(EIR-13-01); and
WT-IEREAS, the development of the Project Site has been the subject matter of General
Plan Amendment GPA-10-02. and the Otay Ranch General De�=elopment Plan Amendment
GDPA-09-28. previously approved by the Cit}' Council on December 2, 2014, by Resolution No.
2014-233 wherein the Ciry Council, in the em�ironmental evaluation of said GPA/GDPA, relied
on the Otay Ranch University Villaees Project EIR No. 13-01: and
VVHEREAS, on December 2. 2014, the Applicant obtained approval of the Otay Ranch
Villaee Three North and a Portion of Four Sectional Planning Area (PCM 12-06) establishine the
pattem of land uses and circulation, policies to guide the development of the Project Site, and
establishine the zonine for the property, wherein the Cit}� Council, in the environmental
e��aluation of said Sectional Plannins Area. reviewed. considered and certified Final EIR-13-01
(FEIR-13-01) and adopted the Findines of Fact, Statement of O��erriding Considerations, and
D4itigation Monitorin� and Reporting Proeram. pursuant to Resolution No. EIIt-]3-01: and
Resolution No. 2014-237
Page No. 2
WHEREAS, the Applicant requests approval of a Tentative Map to subdivide 436.0
Acres into parcels supportine up to 1,002 sinele-family residential units. 595 multi-family
residential units. approxunately 40 gross acres of industrial and office uses, and a minimum of
20,000 square feet of retail uses (the `Project') on said Project Site; and
WHEREAS, a hearin� time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was oiven by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days
prior to the hearine; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on November 19, 2014; the Planning Commission took public testimony; heard staffs'
presentation; and reviewed and considered EIR-13-01 and said hearing was thereafter closed;
and
WI�REAS, following the Planning Commission's public hearin� on the Project, a
heazing time and place was set by the City Council for consideration of the Project and notice of
said hearing, toeether with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundary
of the Project, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council on December 2, 2014 in the Council Chambers, 276 Fourth Avenue, at 2:00 p.m. to
hear public testimony with regard to the same; and
WHEREAS, immediately prior to this action, the City Council reviewed and certified FEIR-
13-01 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program, pursuant to Resolution No. EII2-13-01.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it does hereby find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
Record of the proceedings of the Planning Commission at their public hearing on
November 19, 2014, including their vote, along with any relevant comments, have been
provided to the City Council and are hereby incorporated into the record of this
proceedin�.
III. CERTIFICATION OF COMPLANCE WITH CEQA
The City Council, in the esercise of their independent review and judgment, immediately
prior to this action, on December 2, 2014, reviewed and certified FETR-13-01 and
adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program by Resolution No. EIR-13-01.
Resolution No. 2014-237
Paee No. 3
IV. TENTATIVE SUBDIVISION n4AP FINDINGS
A. Pursuant to Govemment Code Section 66473.� of the Subdivision Map Act, the Citv
Counci] fmds that the Tentati��e Subdi��ision Map, as conditioned herein for the Project. is
. in conformance with the elemenu of the Citv's General Plan. based on the followine:
1. Land Use and Circulation
The Project is consistent N ith and implements the Ota}- Ranch V illage Three North
and a Portion of Four SPA Plan by establishino decelopable parcels, public
improvemenu and public facilities that u�ill create a mixed-use urban pedestrian
villaee w�ith a �illaee core that contains complementazy land uses, includine
communit}� purposeV facilities, public schools and parks, and residential
neiohborhoods that offer a ��ariety of housine q�pes and densities. The Mixed Use
Urban Village would be comprised of inteorated commercial, residential and office
uses that w�ould encourage use of alternative modes of transportation and reduce
reliance on the automobile. The project also contains a business park that pro��ides a
strong employmenc base for the residents of the Villaee and the City and supports
economic de��elopment goals of the eeneral plan. The Project u�ill be designed to
encourage residents to utilize modes of transportation such as local bus sen�ice.
pedestrian sidewall:s and trails. and bicycle lanes.
The Project has been designed to include a vehicie circulation system that complies
with the requiremenu of the Ciq� of Chula Vista's General Plan, OtaY Ranch General
Development Plan and Otay Ranch Villaee Three North and a Portion of Four SPA
Plan. The circulation svstem includes a hierazchy of streeu. each providine
accommodations for pedestrian w�alkways and bicycle ways. Reduced lane widths
and bulb-outs at intersections will enhance pedestrian comfort and safety in the
Village Core, and D4ixed-Use Residential districts. The construction of the
circulation system will be phased in accordance with the Villaee Three North and a
Portion of Four SPA's Public Facilities Financing Plan (PFFP), such that the
de��elopment of the cuculation system will precede planned erowth and maintain
acceptable levels of service, as required by the City`s Growth Manaeement Program.
2. Economic De��elopment
The Project will contribute to the economic base of the Ci[y by providine a mixed use
Villa�e Core and Residential districts that N�ill pro�ide for a range of multi-family
residential product t}pes that will enhance the ima�e and appearance of the Otay
Ranch community and will benefit the local economy. The development of a business
park component provides a svong employment base along with a mixed-use
office/commercial area. Approval of the Project w=ill help achie��e the General Plan
, objecti��es that seek to promote a variety of job and housing opportunities to improve
the City`s jobs/housing balance, provide a diverse economic base, and encourage the
ero«�th of small businesses.
Resolution No. 2014-237
Page No. 4 �
3. Public Facilities and Services
To fulfill educational needs of students residing in Village Three North and portion of
Four, an elementary school site of approximately 8.3 eross acres has been reserved as
described in the PFFP for acquisition by the Chula Vista Elementary School District.
The Chula Vista Elementazy School District would be able to accommodate the '
additional students eenerated by the Project, and the existing schools would not be
adversely impacted by the approval of the Project.
Sewer
The Project Site is within the boundaries of the City of Chula Vista wastewater
services area. Sewer capaciry needs for the Project, in conjunction with long-term
growth in the area, have been analyzed in the PFFP. Sewer capacity will be available
to serve the Project subject to the PFFP requirements, which are included as
Conditions of Approval for the Project. Based on these requirements, no adverse
impacts to the City's sewer system or City's sewer threshold standards will occur as a
result of the Project.
Parks
The Project has been conditioned to dedicate parkland for a 6.7 net-acre
Neighborhood Park and approximately 8.6 net-acres of Community Park. Said pazk
sites will be developed with a variety of recreational opportunities ranging from
active to passive recreational experiences. Phasing of park facilities and maintenance
has been addressed in the PFFP. The actual park facilities and amenities will be
determined in conjunction with the parh master plan process for each individual park.
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
services. The City Eneineer, Fire and Police Departments have reviewed the
proposed subdi��ision for conformance with City safety policies and have determined
that the proposal meets those standards. Project construction will be required to
comply with the applicable Califomia Green Building Standards, the City's Green
Building Standards and the City's Energy Efficiency Ordinance in affect at the time
of building permit issuance, ensuring energy-efficient homes will be developed.
4. Housin�
The Project will provide a variety of housing types, including single-and multi-family
residentia] home ownership opportunities, as well as affordable housing
opportunities, as required by the Affordable Housing Plan prepared for the Project.
The Project has been conditioned to require that the Applicant enter into an
agreement to provide affordable housing prior the approval of the first Final Map.
� Thus the Project is consistent with the Housing Element of the City's General Plan by
providing additional opportunities for high-quality, market-rate single-family
residential home ownership in the southeastem portion of the City.
Resolution No. 2014-237
Paee No. �
�. Gro�-th Manaeement
The Project is in compliance with applicable Gro�2h Manaeement Element
requirements because a PFFP has been prepared as requued �by the Grou�th
Manasement Ordinance. The PFFP requirements ha�e been included in the Project's
conditions of approval.
6. Em�uonmental
The Project EIR-13-01 addressed the eoals and policies of the Environmental
Element of the General Plan and found development of this site to be consistent with
these eoals and policies. The Otay Ranch Resource Manaeement Plan (RMP)
requires conveyance of 1.188 acres of land to the Ota}� Ranch Presen e for every one-
acre of de��eloped land prior to approval of any Final Map. which is equivalent to
approximatelv 259.6 acres. The Project has been conditioned to dedicate Multi-
species Conservation Plan (MSCP) open space preser��e lands prior to recordation of
each Final Map. The Project is therefore consistent with the requuements of the Otay
Ranch RMP and MSCP Subazea Plan.
B. Pursuant to Govemment Code Section 66473.1 of the Subdivision Map Act. the
confieuration, orientation, and topooraphy of the site allows for the optimum siting of
lots for natural and passive heatins and coolino opportunities and that the de�elopment of
the site will be subject to site plan and architectural re�iew to ensure the ma�imum
utilization of namral and passive heatins and cooline opportunities.
C. Pursuant to Go�emment Code Section 66�123 of the Subdivision Map Act, the City
Council has considered the effect of this appro��al on the housine needs of the reeion and
has balanced those needs aaainst the public sen�ice needs of the residents of the City and
the a�ailable fiscal and em�ironmental resources.
D. The site is physically suited for development because it will be developed in
conformance with the Otay Ranch Village Three North and a Portion of Four SPA Plan
and EIR-13-01, �vhich contain provisions to ensure that the site is developed in a manner
that is consistent with the standazds established by the City for a master—planned
community.
E. The conditions herein imposed on the Project, are approximately proportional both in
nature and extent to the impact created by the Project, based upon the Ciry's police
powers and evidence pro��ided b}' che record of the proceedines of EIR-13-01.
V. GOVERNNIENT CODE SECTION 66020 NOTICE
Pursuant to Go��emment 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 in
Resolution No. 2014-237
Page No. 6
a timely manner this procedure will bar any subsequent legal action to attack, set aside, void
or annul imposition. The right to protest the fees, dedications, resen-ations, or other
exactions does not apply to planning, zoning, grading, or other similar application processing
fees or service fees in connection with the project; and it does not apply to any fees,
dedication, reservations, or other exactions which have been given notice similar to this, nor
does it revive challenoes to any fees for which the Statute of Limitations has previously
expired. �
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property owner and the Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the property owner and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days of recordation to the City Clerk. Failure
to record this document shall indicate the property owner and ApplicanYs desire that the
Project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval. Said document will also be on file in the City Clerk's
Office and l:nown as Document No. 2014-237.
Si�nature of Applicant Date
��� ���-oi5
So ie Y n
Signature of Applicant Date
�. / 2� ��'��U1,5
So e Ya
V II. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoine conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained accordin� to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all fumre buildina permits.
deny, revoke, or furcher condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be �iven
the opportunity to remedy any deficiencies identified by the City within a reaso�able and
diligent time frame.
Resolution No. 2014-237
Paee No. 7
VIII. II`'VALIDITl': AUTOMAT[C RE\'OCATION
It is the intention of the Citv Council that its adoption of this Resolution is dependent upon
the enforceabilitv of each and every term, pro��ision and condition herein stated; and that in
the event that am� one or more terms, provision. or conditions are determined by a Coun of
competentjurisdiction to be im�alid. illegal or unenforceable. this resolution shall be deemed
to be automaticall�� re��oked and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Cit�� Council does hereby approve the Project
subject to the Findings contained herein and subject to the Conditions of Appro��al set fonh in
E�hibit "2" incorporated herein bv this reference and on file in the Office of the City Clerk.
Present v Appro��ed as to form bv
�%`\
Kelh� G. Brouehton, FASLA Glen R. Gooeins \
Director of Development Sen�ices �ii}gtto�e}� ��
Resolution No. 2014-237
Page No. 8
PASSED, APPROVED, and ADOPTED by the City Council of the Cit�- of Chula Vista
Califomia, this 2nd da}: of December 2014 by the followina vote:
AYES: Councilmembers: Bensoussan, Salas and Cox
1�'Al'S: Councilmembers: Ramirez
ABSENT: Councilmembers: Aguilaz
Patricia Aguilar, Deput Mayor
ATTEST:
___� /� �
Donna R. Norris, MC, City 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 Foregoing
Resolution No. 2014-237 was duly passed, approved, and adopted by the Ciry Council at a
regular meeting of the Chula Vista City Council held on the 2nd day of December 2014.
Executed this 2nd da�- of December 2014.
��� � ._/
Donna R. Norris, CMC, City Clerk
Resolution No. 2014-237
Pase No. 9
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Resolution No. 2014-237
Pa�e No. 10
Exhibit "2" - Village Three North and a PoRion of Four Tentati��e Map Conditions
TENTATIVE MAP CONDITIONS OF APPROVAL
GENERAL/PLANNING AND BUILDING
1. Unless otherwise specified or required by law: (a) the conditions and Chula Vista
Municipal Code requirements set forth below 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 grant the appropriate easement, rather than fee
title. Where an easement is required the Applicant shall be required to provide
subordination of any prior lien and easement holders in order to ensure that the City has a
first priority interest and rights in such land unless otherwise waived by the City Manager
or his/her designee. Where fee title is granted or dedicated to the City, said fee title shall
be free and clear of all encumbrances, unless otherwise excused by the City.
2. Should conflicting wording or standards occur between these conditions of approval, any
conflict shall be resolved by the City Manager or designee.
3. 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. 13-02,
generally located adjacent to Main Street and adjacent to Heritage Road.
4. The Project shall comply with approved General Plan Amendment GPA-10-02 and
General Development Plan Amendment PCM-09-28 approved December 2, 2014, the
Sectional Planning Area (SPA) Plan PCM-12-06, approved December 2, 2014 and all
supporting documents including but not limited to the Public Facilities Finance Plan,
Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non-
Renewable Energy Conservation Plan, and the City of Chula Vista Standard Tentative
Map Conditions as outlined in the Subdivision Manual and incorporated herein.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the associated Mitigation Measures and associated Mitigation
Monitoring and Reporting Program (MMRP) identified in the Final Em�ironmental
Impact Report (EIR-13-01: SCH No. 2013071077) for Amendments to the Chula Vista
General Plan (GPA-10-02), Amendments to the Otay Ranch General Development Plan
(PCM-09-28), the Sectional Planning Area Plan (SPA Plan) (PCM-12-06) for the Villa�e
Three North and a Portion of Four Project, and the Tentative Map for the Villaee Three
North and portion of Four Project (CVT-13-02), within the timeframe specified in the
MMRP.
6. During any real estate transaction, or prior to lease-signin� of any property within the
Village Three North and PoRion of Four Project, the prospective owners or residents
shall be notified of the following information in disclosure documents and in the CC&Rs
� for each HOA within the Village:
Resolution No. 2014-237
Pa�e No. 11
a. NOTICE OF AIRPORT VICINITY: This propeny is presendy located in the
vicinity of an airport, within what is known as an airpon influence area /
o�°erflight azea. For that reason, the property may be subject to some of the
annovances or noise. �ibration. or odors. Indi��idual sensitivities to those
annovances can vary from person to person. You may ��ish to consider what
airport annoyances. if anv, aze associated with the property before you complete
your purchase or lease and determine whether they are acceptable to you.
b. NOTICE OF A4II`'ING OPERATIONS: This propeny is located near an existine
minine operation u,at is eApzcted to operate during and afrer build-out of Villaee
Three Nonh and a Ponion of Four and could subject residenu to nuisance noise,
blasting, vibration and dust from on-eoing minine operations.
c. NOTICE OF LANDFILL: This property is located in the ��icinity of the Otay
Landfill which is a solid waste disposal facility. Customary solid waste disposal
operations may include, but are not limited to. noise. odors, dust. ��ibrations, birds,
and vectors. Indiridual sensiti�-ities to those annoyances can vary from person to
person. You may u�ish ro consider which of these annoyances, if any. aze
associated with the property before you complete your purchase or lease and
determine whether they are acceptable to you.
d. NOTICE OF FUTURE EXPANSION OF STATE ROUTE 12� (SR-12�): Be
advised that Caltrans has a lone-term plan (per SANDAG RTP) for the widenine
of SR-125 to improve traffic flows. This property may be subject to some of the
annoyances related to the construction and operation of the road.
A copy of these disclosure documents shall be recorded with the County of San Dieeo
Recorder's Office as part of project appro��al. Each prospective homeo�mer and or lease
holder shall sien the disclosure document confirmine thev have been informed of the
vicinity of theyairpon, mine/quarry. and landfill prior to purchase of property and or
occupancy.
7. The Applicant shall obtain approval of a subsequent Final Map showin� condominium
ow�nership prior to development of condominiums within any Planning Area proposing
mixed residential/commercial or multi-family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
Three North and Portion of Four Public Facilities Finance Plan (as amended from time to
tune) as specified in the Threshold Compliance and Recommendations Section for each
public facilitv chapter. At the applicant's request. the Cit}� Engineer and Development
Services Director may, at their discretion. modify the sequence, schedule, alignment and
design of improvement construction should conditions chan�e to warrant such a re.ision.
9. The Applicant shall dedicate, with the applicable Final r4ap, for public use all the public
sueets shown on the Villaee Three North and a Portion of Villaee Four Tentati��e D4ap
(CVT 13-02) within the subdivision boundarY. The applicant shall construct or enter into
, an agreement to conswct and secure all street and intersection improvements as
necessary to mitigate the impacu of the Villaee Three North and Portion of Four Project
and as specified in Otay Ranch Villaee Three North and portion of Four SPA Plan Final
Resolution No. 2014-237
Paee No. 12
Public Facilities Finance Plan Table C.8 "Project Access and Direct Traffic Miti�ation
Threshold Requirements" and Table C.7 "Intemal Street Improvements." The Applicant
shall construct the public improvements and provide security satisfactory to the City
Engineer.
10. Prior to approval of any Final Map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Enoineer.
ll. In accordance with Subdivision Manual Condition 40: The applicant shall notify the City
at least 60 da}�s prior to consideration of the first map if any off-site right-of-way or any
incerest in real property needed to construct oc install offsite improvements cannot be
obtained as required by the Conditions of Approval. After said notification, the
Applicant shall comply with the requirements set forth in Subdivision Manual Condition
40.
12. Prior to the approval of the Final Map for Planning Areas adjacent to off-site fuel
management areas, the Applicant shall provide an off-site fuel management program per
Section 41.2 "Other Vegetation Management" of the Fire Protection Plan, and CVMC
Chapter 1538- "Urban Wildland Interface Code.° The Pro�ram shall establish the
obligations for fuel manaeement that apply to each of the Planning Areas and adjacent
off-site properties, including required fuel management zones adjacent to structures,
consent from affected off-site property owners, and other applicable requirements to the
satisfaction of the Fire Marshal and Development Services Director. The program
requirements shall be satisfied prior to the delivery of combustible material to the site, to
the satisfaction of the Fire Marshal.
13. A reserve fund program has been established by Resolution No. 18288 for the funding of
the Fiscal Impact of New Development (F.IN.DJ Model for the Otay Ranch Project.
The Applicant shall provide funds to the Resen�e Fund as required by the Reserve Fund
Proeram (RFP). Pursuant to the provisions of the Growth Management Ordinance and
the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the
funding of the preparation of an annual report monitoring the development of the
community of Otay Ranch. The annual monitoring report will analyze the supply of, and
demand for, public facilities and services governed by the threshold standards. An
annual review shall commence following the first fiscal year in which residential
occupancy occurs in the Project and is to be completed during the second quarter of the
following fiscal year. The annual report shall adhere to the GDP/SRP, as amended from
time-tatime.
14. Prior to the first Final D4ap, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(J). To address projected project revenue shortfalls, the Applicant shall
pay a fee in the amount of �120 per dwelling unit prior to the building permit issuance,
subject to Developer Services Director approval.
Resolution No. 2014-?37
Paae No. 13
1�. Prior to approval of the first final map authorizine dwelline units containins any pazcel
within the Village Core, the applicant shall submit and obtain approval bti� the Cit}� of a
Master Precise Plan
16. Prior to approval of the First b4inal map, the Applicant shall submit and obtain appro�•al
b�� the Citv of a Villaee-�'l�ide Planned Sign Proeram. Applicant shall be required to
obtain an approval of a A4aster Encroachment Permit prior to construction of signa�e in
the public rieht-of-way in anv project area. to the satisfaction of the Ciq� Eneineer and
Development Ser��ices D'uector. V
Public Facilities:
17. 7�he Applicant shall provide the City with evidence from the CVESD that the Village 3
Norrh school site has been determined by the disvict to be acceptable for school use, to
the satisfaction of the Director of Development Sen�ices.
18. Prior to approval of the Final D4ap or Desian Revieu� application that identiPies the need
for local public transit facilities in accordance H�ith D4TS determination, the Applicant
shall provide a deposit in the amount of 520,000 for each planned transit facility station
or transit stop payable to the City of Chula Vista for a Capital Improvement Project for
future transit improvements as depicted on the Villaee Three North and Portion of
Villase Four SPA Plan, Concepmal Public Transponation Plan. Exhibit 19, or enter into
an agreement ro construct future transit improvements to the satisfaction of MTS or their
desienee.
19. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide the
Ciry with a Villaee Three Norrh and a Portion of Village Four Subarea Master Plan(s)
(SAMP) for potable, recycled, and fire flow water, as approved by Otay �'�'ater District
(OWD). Applicant(s) shall bond and construct for al1 on-site and off-site water facilities
in accordance with the SAMP. The SAMP shall be consistent �vith the SPA Plan.
20. The project shali comply w�ith Section 3-400 of the Subdivision A4anua1.
21. Prior to approval of the fust Final Map for Village Three North and a Portion of Four that
exceeds 120 EDUs, Applicant shall secure and construct Heritaee Road between the
northerly Villaee Three North boundazy and Main Street, ro the satisfaction of the
Development Sen�ices Director.
22. Prior to appro��al of the first Final 1�4ap for the Project, the De��eloper shall pro��ide an
agreement to the satisfaction of the Development Sen�ices Director stating that [he
Applicant will not protest the formation of a reimbursement district to finance the
construciion of HeritaQe Road for its prorated share of the road as determined by the
Development Services Director.
23. Prior to appro��al of the first Final Map, the Applicant shall grant the rieht-of-way for
Energy Way within the boundazies of the Village Three Notth and a Portion of Villase
Four Tentati��e Map (CVT 13-02) proeiding the connection between the eristine Enerey
, VVay and the proposed Heritage Road.
Resolution No. 2014-237
Pa�e No. 14
24. The Applicant shall bond for and consuuct intersection improvements at Enerey Way and
Heritage Road prior to the approval of the Final Map that contains the 1,OOOthyEDU. or as
approved by the Development Services Director.
25. Prior to issuance of a Land Development (°Grading") Permit for Neighborhoods R-9. R-
11 or R-20, the Applicant shall provide, on the appropriate grading plan, a 16-foot wide
graded bench within the erading limits depicted on the Village Three North and a Portion
of Village Four Tentative Map (CVT 13-02) at the approximate location of the future
Wolf Canyon western briuge abuunent, to the satisfaction of the Development Services
Director.
26. Prior to the approval of the first Final Map for Village Three North and a Portion of Four
that includes Neighborhood R-20, Applicant shall bond and construct Main SVeet
between Heritage Road and the eastem boundary of Village Three North, to the
satisfaction of the Development Services Director.
27. Prior to the approval of the first Final Map that includes the 800th EDU, the Applicant
shall begin grading operations of the development areas I-la to I-3b, to the satisfaction of
the Developmen[ Services Director.
28. Prior to approval of the first Final Map the Applicant shall demonstrate to the satisfaction
of the Development Services Director that:
a. The off-site property located at the northwest corner of the future Heritage Road
and Main Street intersection where a proposed bioretention basin will be located
(pursuant to the "'Master Water Quality Technical Report for Otay Ranch Village
Three North and a Portion of Village Four Tentative Map", Hunsaker &
Associates, March 7, 2014) has been acquired by the Applicant; otherwise,
Applicant shall process an amendment to the SPA Plan to propose new storm
water treatment facilities for the site.
b. A funding mechanism is in place to fund the perpetual maintenance of storm
water treatment facilities, including, but not limited to, the proposed bioretention
basin.
Affordable Housing:
29. Prior to approval of the first Final Map for the Pro�ect, the Applicant shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
Ciry and State of California reeulations. This agreement shall identify potential
affordable housing sites, schedules and the following building permit threshold
requirements described in the Affordable Housing Plan: (1) prior to the City's issuance of
the 798th building permit within Village Three North and portion of Four the Applicant
shall commence construction of the Initia] Phase of the low and moderate-income
housin� units, and (2) prior to the City's issuance of the 1,197th building permit,
Applicant shall commence construction of the remainder of required ]ow and moderate-
income housing units. "Initial Phase" shal] mean 60% of the tota] number of qualified
low and moderate-income housing units.
Resolution No. 2014-237
Pa�e No. 1�
�'�'ater Quality:
30. Applicant shall aeree to remain in compliance u�ith the Citds Storm VVater Manual, as
determined bv the Development Services Director.
Parks:
31. Prior to approval of the fust Final Map, the Applicant shall pro��ide the City with an
Irrevocable Offer of Dedication (IOD) for the 6J acre (net) neighborhood pazk site (L.ot
P-1) and approximately 8.�6 net acres of Community Park land within either the Villaee
Four Community Pazk or the Village Eight East Active Recreation site (L.ot P-2)
acceptable to the Development Sen ices Director. The Existing 1.9 acre IOD within the
Villaee Four Communi[}� Park in satisfaction of the Villaoe Two Project area park acre
oblieation shall be accounted for when calculatine available eligible park credit within
the Villaee Four Community Park. V
32. Prior to approval of the Final Map that includes the Parks R Recreation lot ("P-2"),
Applicant shall:
a. Demonsvate to the satisfaction of the De��elopment Ser��ices D'uector that an
access road to the Village Four Community Park has been pro�ided.
b. Provide adequate sewer and water connections to serve the fumre park and
recreation facilities.
Trails:
33. Prior to approval of the fust Final Map, the Applicant shall obtain appro��al of and record
an easement for public trail purposes for the se�ments of the Chula Vista Greenbelt Trail
w•ithin the boundazies of ViliaQe Three North on any portion of VViley Road and/or the
existing Salt Creek Se«�er Easement, owned by che Applicant, to the satisfaction of the
Development Sen•ices Director.
34. The Applicant shall submit and obtain approval of uail impro��ement plans and shall
construct all required trails fencin� and signage. consistent w�ith City vail standazds when
required by the De��elopment Services Direcror. Said improvement plans containine
Chula Vista Greenbelt Trail seements as depicted on the Villaee Three North and a
Portion of Villaee Four Tentative Map (CVT 13-02). to be located within existine Salt
Creek Se�ver Easement. ���ill include improvements such as fencina and sienaee.
3�. Prior to the approval of the fust residential building permit within the Villaee Three
North Red Phase, as depicted on the Concepmal Phasino Plan of the Otay Ranch Villaee
Three North and a Ponion of Four SPA Plan Exhibit 33, the Applicant shall construct all
� Chula �'ista Greenbelt Trail unpro�ements, includine fencing and signage consistent with
City trail standards, as required by the De�elopment Sen�ices Director.
Resolution No. 2014-237
Page No. 16
Landscapine/W all s/Fences:
36. Footines and oeosynthetic reinforcement grid for retaining walls and walls that may be
planted shall not encroach into adjacent properties or public rights-of-way subject to
approval of the Development Services Director.
37. In place of Subdivision Manual Condition 30 and 33, prior to approval of the first Final
Map the Applicant shall:
a. Obtain Development Services Director approval of the Landscape Master Plan for
the project. The Landscape Master Plan shall identify a funding mechanism to
maintain parks, landscape improvements, trails, open space areas and other
improvement areas subject to approval of the Development Services Director.
The contents of the Landscape Master Plan shall contain the major components
listed in Master Condition 30(a) thru (h) in the Subdivision Standard Conditions
unless waived by the Development Services Director.
b. Submit evidence acceptable to the Ciry Engineer and Development Services
Director of the formation of a Master Homeowner's Association (MHOA), or
another financial mechanism acceptable to the City Manager, includine a
Community Facilities District (CFD) or Open Space District. A Communit}'
Facilities District is the preferred financial mechanism for a maintenance district.
If another financial mechanism is not formed, the MHOA shall be responsible for
the maintenance of those landscaping improvements that are not included in the
proposed financial mechanism. The City Engineer and the Development Services
Director may require that some improvements be maintained by the Open Space
District The fina] determination of which improvements are to be included in the
Open Space District and those to be maintained by the MHOA shall be made
during the Open Space District Proceedings. The MHOA shall be structured to
allow annexation of future tentative map areas in the event the City Engineer and
Development Sen�ices Director requires such annexation of fumre tentative map
areas.
c. The Applicant shall submit for City's approval the CC&R's grant of easements
and maintenance standazds and responsibility of the MHOA's for the Open Space
Areas within the Village Three North and portion of Four Project Area. The
Applicant shall acknowledge that the MHOA's maintenance of public open space,
uails, etc. may expose the Ciry to liability. The Applicant agrees to establish an
MHOA that will inderrmify and hold the City harmless from any actions of the
MHOA in the maintenance of such areas.
d. Submit and obtain approval of the City Engineer and Development Services
Director of a list of all facilities and other items to be maintained by the proposed
district or MHOA. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District or some other financing
mechanism and those to be maintained by the MHOA. Include a description,
quantity, and cost per year for the perpetual maintenance of said improvements.
These lists shall include but are not limited to the following facilities and
� improvements:
Resolu�ion No. 2014-237
Paee No. 17
i. All facilities located on open space lots to include but not be limited to:
w�alls, fences, water fountains, lighting structures. paths, trails, access
roads, drainaee svucmres. and landscaping. Each open space lot shall also
be broken doµ�n by the number of acres of: 1) turf, 2) urieated, and 3)
non-irrieated open space to aid in estimation of a maintenance budget
thereof.�
ii. The proportional share of the maintenance costs of any medians and
parkways along the applicable roadways as identified in the PFFP
adjoinino the de��elopment as determined bti� the Citv Engineer.
iii. r111 water quality basins serving the Project.
38. The Applicant a�rees to not protest formation or inclusion in a maintenance district or
zone for the maintenance of landscape medians, and scenic corridors alono streeu, w•ithin
or adjacent to the subject subdi��ision.
39. The Applicant shall submit a detailed walUfencing plan with the Design Review Site Plan
submittal for each plannine area showing that all project walls and fences comply with
the appro��ed SPA Plan Villaee Design Plan. Landscape Master Plan, and other
applicable City requirements, to the De��elopment Sen�ices Director for approval. Plans
shall indicate color, materials, heieht and location of freestanding walls, retainin� walls,
and fences. The plan shall also include details such as accurate dunensions. complete
cross-sections showine required walls, adjacent gradinQ, landscapin�, and sidewalk
improvemenu. y
40. Prior to the approval of the first Final A4ap. the applicant shall annex the project azea
within the Otay Ranch Preserve Communit}� Facilities District No. 97-2. Improvement
Area "C.'�
41. Prior to recordation of each applicable Final Map, the Applicant shall con��ey fee title to
land within the Otay Ranch Presen�e to the Otay Ranch Presen�e Ow�ner Manaeer or its
designee at a ratio of 1.188 acres for each acre of development area, as defined in the
Otay Ranch Resource Manaeement Plan. Access to the conveyed property for
maintenance purposes shall also be pro��ided to the satisfaction of the Preserve Owner
Manager.
42. Prior to construction of Regional Bus Rapid Transit and/or Rapid Bus uansit stations in
Village Tluee North and a Portion of Four, the Applicant shall obtain appro��al of
impro��ement plans as depicted on the Villaee Three North and a ponion of Villaee Four.
Public Transportation Concept Plan, E�ibit 19.to the satisfaction of SANDAG. MTS,
and the De�elopment Services Director.
43. Prior to issuance of the first building permit or other discretionary permits for miaed use.
multi-family, or non-residential developments within the project site, the Applicant shall
comply �vith applicable provisions of Municipal Code Section 8.24 - Solid Waste and
Litter, and Section 8.2� — Recycling, related to development projecu, to the satisfaction
of the Department of Public �'�'orks, Environmental Sen�ices Division. These
, requirements include, but are not limited to the follow�ina design requirements:
Resolution No. 2014-237
Page No. 18
a. The Applicant shall design mixed-use, multi-family, and commercial
de��elopment projects to comply with the Recycling and Solid Waste Standards
for central collection bin services.
b. The Applicant shall design each single-family lot or residence to accommodate
the storage and curbside pickup of individual uash, recycling and green waste
containers (3 total), as approved for a small-quantity generator (single family
residential use).
44. Prior to'recordation of each Final B Map, all CFD slope and open space areas shall be
desi�nated as individual lots on said Final Map to the satisfaction of the Development
Services Director.
45. Prior to approval of the first Final A Map, Applicant shall update the Village Two, Three
and portion of Four SPA Plan to reflect the detachment of Villaee Three North and
portion of Four SPA Plan area from the former Village Two, Three�and portion of Four
SPA Plan boundaries, to the satisfaction of the Development Services Director.
46. Prior to the first Final Map Applicant shall cause all unplottable easements to be
quitclaimed:
47. Prior to each Final Map approval, Applicant shall provide letters of permission to grade
all off-site areas (including slopes, roads, utilities, etc) necessary to support each Final
Map independently.
48. Prior to approval of each Final Map, Applicant shall provide proof that all offsite right of
way, drainaee, sewerage and water facilities have approved and bonded improvement
plans necessary to connect said Final Map to existing facilities to the satisfaction of the
Development Services D'uector and City Engineer. In the case of two separate propeRy
owners utilizing the same plans and bonds of said improvement plans and or ri�hts-of-
ways, both property owners shall provide written proof to: process plans, construct from
the same set of plans, process as-builts, coinplete punch list items, and have the same
bond company listing them both as principal, all to the satisfaction of the Development
Services Director and Cit}� Engineer.
49. Prior to approval of each residential building perinit in Village Three Norih and a
Portion of Village Four, the applicant shall provide evidence satisfactory to the
Development Services Director (or their designee) that each proposed residential unit to
be cons[ructed shall be located at least 1,000 feet away from the then active solid waste
disposal areas of the Otay Landfill as required by General Plan Policy E 6.4 and by
Section 2.5 of the Amended and Restated Otay Landfill Expansion Aareement.
Notwithstanding the t}'pically ministerial nature of building pemut approvals, the City shall
have and retain discretion here to deny any building permit application regazdine any
residential lot or parcel that does not comply with this Condition of Approval. V