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HomeMy WebLinkAboutReso 2014-238 RESOLUTION NO. 2014-238 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA .4PPROVING TENTATNE MAP CVT-13-03 (PCS-li-03) FOR THE OTAY RANCH VILLAGE EIGHT EAST PROJECT SUBJECT TO THE CONDITIONS CONTAIIrTED HEREIN I. RECIT.ALS WT-IEREAS. the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "1," attached hereto and incorporated herein by this reference and for the purpose of oeneral description consists of 57�3 acres, and identified in County Assessor Records as API�' # 64�-070-11-00 and a portion of 646-010-04-00, (Project Site); and �'VI-IEREAS, on January 24. 2012, a duly ��erified application requestine approval of a Tentative Subdi��ision D1ap (PCS-13-03). Chula Vista Tract No. 13-03 (Tentati��e Subdivision Map), which preceded the Mazch 8, 2012.duly �•erified application for Sectional Plan Area (SPA) Plan (PCA4-12-04).'which followed the duly verified applications for General Development Plan (PCD4-09-28) (GDP), and General Plan Amendment (GPA-10-02), all of which were filed with ihe Citv of Chula Vista De��elopment Sen�ices Depanment by SSBT LCRE V, LLC (ihe "Applicant' and "ON�ner"): and VVI-IEREAS. the City's Development Sen�ices Director has reviewed the Project for compliance with the Califomia Environmental Qualiry Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Otay Ranch University Villases Project Environmental Impact Report (EIR) No. 13-01. SCH�2013071077 (EIR-13-01):�and �VI-�REAS, the de��elopment 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 City Council on December 2, 2014. by Resolution No. 2014-233 wherein the City Council. in the em�ironmental evaluation of said GPA/GDPA. relied on the Otay Ranch University Villaees Project EIIt-13-01: and �'l'I-IEREAS, on December 2. 2014, the Applicant obtained approval of the Otay Ranch Villaee Ei�ht East Sectional Planning Area (PCn4 12-04) establishine the pattern of land uses and circulation, policies to guide the development of the Project Site, and establishing the zoning for the property. �+�herein the City Council, in the environmental evaluation of said Sectional Plannine Area, reviewed, considered and cenified Final EIR-13-01 (FEIR-13-01) and adopted the Findings of Fact. Statement of Ovenidine Considerations. and Mitieation Monitoring and Reportine Program, pursuant to Resolution EII2-13-01; and �'�'I-IEREAS. the Applicant requests approval of a Tentative Map co subdi��ide 57�.3 Acres into parcels supporting up to 943 single-family residential units, 2,617 multi-family residential units. and a minimum of 20,000 square feet of retail uses (the "Project') on said Project Site: and Resolution No. 2014-238 Page No. 2 WHEREAS. a heazing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given 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 hearing; and WHEREAS, the Planning Commission held an advertised public heazing on the Project on November 19, 2014; the Plannine Commission took public testimony; heard staffs' presentation; and reviewed and considered EIR-13-01 and said hearing was thereafter closed; and WIIEREAS, following the Planning Commission's public hearing on the Project, a hearing 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 WI�REAS, 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 reeard to the same; and WI IEREAS, urunediately prior to this action, the City Council reviewed and certified FEIR- 13-01 and adopted the Findinas of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution No. EIIt-13-01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find, determine and resoh�e 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 aze hereby incorporated into the record of this proceedine. III. CERTIFICATION OF COMPLANCE WITH CEQA The City Council, in the exercise of their independent review and judgment, immediately prior to this action, on December 2, 2014, reviewed and certified FEII2-13-01 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Moniroring and Reporting Program by Resolution No. EIR-13-01. Resolution No. 2014-238 Paee No. 3 N. TENTATI�'E SUBDNISION D4_AP FINDINGS A. Pursuant to Govemment Code Section 66473.� of the Subdivision Map .Act. the Citv Council fmds that the Tentati�e Subdi��ision Map. as conditioned herein for the Project, is in conformance with the elements of the Citv's General Plan. based on the foilowine: 1. Land Use and Circulation The Project is consistent with and implements the Otay Ranch Villase Eieht East SPA Plan by establ',sh:;.= developable parcels. public improvemenu and public facilities that w•ill create a mixed-use Tow�n Center and other complementary land uses.. includine communitv purpose facilities, public schools and parks, and residential neighborhoods that offer a ��aziety of housine types and densities. The A4ixed Use Urban Villaee would be comprised of integrated commercial, residential and office uses that would encourage use of alternati�e modes of transportation and reduce reliance on the automobile. The Project will be desi�ned to encouraee residents ro utilize altemative modes of transportation such as Bus Rapid Transit (BRT) service. local bus service, the SR-125 Village Pathway Bridoe, pedestrian sidewall:s and trails. and bicvcle lanes. The Project has been desi�ned to include a vehicle circulation svstem that complies with the requirements of the City of Chula Vista's General Plan. Otav Ranch General De��elopment Plan and Otav Ranch Villaee Eieht East SPA Plan. The cuculation system includes a hierazchy of streets. each providine accommodations for pedestrian walk„�ays and bicycle ways. Reduced lane widths and bulb-ouu at intersections will er�hance pedestrian comfort and safery in the Villa�e Core, and Mixed-Use Residential districts. The conswction of the circulation system w�ill be phased in accordance with the Villaae Eioht East SPA's Public Facilities Financina Plan (PFFP), such that the development of the circulation svstem will respond to planned arowth and maintain acceptable levels of sen�ice, as required by the City's Growth D4anaeement Pro�ram. 2. Economic DeveloQment The Project will contribute to the economic base of the City by providing a mixed use Villaee Core and Residential districts that uill provide for a range of multi-family residential product tvpes that �i�ill enhance the imaee and appeazance of the Otay Ranch community and will benefit the local economy. Approval of the Project will help achieve the General Plan objecti��es that seek to promote a ��ariety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base. and encouraee the srowth of small businesses. 3. Public Facilities and Ser�ices To fulfill educational needs of students residine in Villa�e Eieht. an elementary school site of approximatelv 10.8 acres has been resen�ed as described in the PFFP for acquisition by the Chula Vista Elementary School District. The Chula Vista Elementar�� School District would be able to accommodate the additional studenu - eenerated by the Project. and the existin� schools would not be ad�ersel}= impacted by the approval of the Project. Resolution No. 2014-238 Page No. 4 Sewer The Project Site is within the boundaries of the City of Chula Vista wastewater services area. Sewer capacity needs for the Project, in conjunction with long-term growth in the area, have been analyzed in the PFFP. Sewer capacity wil] 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 6.8 net-acre Neighborhood Park and approximately 23.7 net-acres of Community Park. Said park 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 park 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 Engineer, Fire and Police Departments have reviewed the proposed subdivision 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 California 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 sin�le-and multi-family residential 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. 5. Groti�[h Management The Project is in compliance with applicable Growth Management Element requirements because a PFFP has been prepared as required by the Growth � Management Ordinance. The PFFP requirements have been included in the Project's conditions of approval. Resolution No. 2014-238 Paee No. � 6. Em�ironmental The Project EIR-13-01 addressed the eoals and policies of the En�ironmental Element of the General Plan and found development of this site to be consistent N�ith these goals and policies. The Otay Ranch Resource Management Plan (RT�IP) requires con��eyance of 1.188 acres of land to the Otati� Ranch Presen e for every one- acre of de�eloped land prior to appro��al of any Final Map. which is equivalent to approximately 256.6 acres. The Project has been conditioned to dedicate Multi- species Conservation Plan (MSCP) open space presen�e lands prior to recordation of each Final Map. The Project is therefore consistent N�ith the requuements of the Otay Ranch RNIP and MSCP Subarea Plan. B. Pursuant ro Go��emment Code Section 66473.1 of the Subdivision Map Act, the confieuration. orientation, and topography of the site allows for the optimum sitine of lots for natural and passive heatine and cooline opportunities and that the de��elopment of the site w�ill be subject to site plan and architectural re��iew to ensure the maximum utilization of natural a�d passive heatina and cooling opportunities. C. Pursuant to Go��ernment Code Section 66412.3 of the Subdi��ision Map Act, the City Council has considered the effect of this approval on the housing needs of the re�ion and has balanced those needs aeainst the public sen�ice needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for development because it w�ill be developed in conformance with the Otay Ranch Villaee Eight East SPA Plan and EIR-13-01, which contain pro��isions 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 provided by the record of the proceedines of EIIt-13-01. V. GOVERND4ENT CODE SECTION 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, resenation. 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 any subsequent legal action to attack, set aside, ��oid or annul imposition. The rieht to protest the fees, dedications, reservations. or other exactions does not apply to planning, zoning. �radino, or other similaz application processing fees or service fees in connection with the project: and it does not apply co any fees. dedication. reservations. or other exactions �vhich hace been siven notice similar to this. nor does it re�ive challenees to anv fees for which the Stamte of Limitations has pre��iously expired. � Resolution No. 2014-238 Page No. 6 VI. EXECUTTON 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 so]e expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be retumed 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 known as Document No. 2014-238. Signature of Applicant Date �-ligf��5 Soph e Yan Signature of Property Owner Date � �/,�(� �s Soph an / VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fai] to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits. deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, instimte and prosecute litigation to compel their compliance with said conditions or seek damaees for their violation. The Applicant shall be notified ten (]0) days in advance prior to any of the above actions being taken by the Ciry and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City 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, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution No. 2014-238 Paee I�'o. 7 BE IT FURTHER RESOLVED that the City Council does hereb�- appro��e the Project subject to the Findines contained herein and subject to the Conditions of Approval set forth in Exhibit "Z" incorporated herein bv this reference and on file in the Office of the Cin� Clerk. Presented y Approved as to form by . Kell} G. Broughton; FASLA 1en R. Goqeins Director of De��elopment Sen�ices C�ALte�r(ey PASSED, APPROVED. and ADOPTED b�� the Cit�� Council of the Cirv of Chula Vista. California. this 2nd da�� of December 2014 b�� the follo��ine vote: AYES: Councilmembers: Bensoussan. Salas and Cos ?�TAYS: Councilmembers: Ramirez _4BSET�'T: Councilmembers: Aauilaz Patricia AQuilaz, Dep ty Mayor ATTEST: ��-k,�.� � , ,�',�,�.� Donna R. Norris. 4C. in- Clerk STATE OF CALIFORI`'IA ) COUi�'TY OF SAI�' DIEGO ) CITY OF CHULA VISTA ) I; Donna R. Norris; City Clerk of Chula Vista, Califomia, do hereby certifi� that the fore�oing Resolution No. 2014-238 was dulv passed; appro��ed. and adopted b�� the Cit}� Council at a regular meeting of the Chula Vista City Councii held on the 2nd dav of December 2014. E�:ecuted this 2nd da�� of December 2014. � Donna R. Noms. MC. Citv Clerk Resolution No. 2014-238 Paee No. 8 Eahibit "1" oT4y p�ES Rp. � EAST H ST. � 9 L> E P M4P ^ s ` mo ad � �Lf6�� LAU'/DU� s,�+ � � ,°`� �. Otay Ranch Bdy� r'9 ppR�p o � F 805 �`�' B Rp, m � \,oa 125 pLYM�L \ m��'� \� i ��� �y � `� �/ �^ �� OTAy � ! � �� ��VALLEYRD. I �u�? �.l���/ ��G � � z �— jO OTAy RAAICN � 9 VILLA6E 8 EAST G4LM AVE. � � � d�UAIDAKY `a H �Otay RancN d�undary j4 r a OTAV MESA 2D. a 4 rar ro scu[ Resolucion No. 2014-238 Paee No. 9 Eahibit "2" - Villaee Eieht East Tentati��e A1ap Conditions TENTATNE MAP COI`'DITIONS OF APPROVAL , GENERAL/PLANNING AND BUILDING 1. Unless otherw�ise specified or required by law: (a) the conditions and Code requirements set forth belo.e shall be compieted prior to the related Final Map as determined b�� the Development Services Director and the City Ensineer, unless otherwise specified. "dedicate" means grant the appropriate easement�rather than fee tide. «'here an easement is requued the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a fust prioriry interest and rights in such land unless otherwise waived by the City Manaeer or his/her desienee. �T�'here fee [itle is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the Cit}�. 2. Should conflictine wordine or standazds occur between these conditions of approval, any conflict shall be resoh�ed by the City Manager or designee. 3. The Applicant, or his/her successors in interest, shall improve the Project Site wi[h the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 13-03, generally located south of Main Street and east of SR-125. 4. The Project shall complv �+�ith approved General Plan Amendme�t GPA-10-02 and General De��elopment Plan Amendment PCM-09-28 approved December 2. 2014, the Sectional Plannine Area (SPA) Plan PCA4-12-04, appro�=ed December 2. 2014 and all supporting documents includino but not limited to the Public Facilities Finance Plan. Parks. Recreation. Open Space and Trails Plan, Affordable Housine Plan and Non- Renewable Enerey Consen�ation Plan. and the City of Chula Vista Standazd Tentati�e Map Conditions as outlined in the Subdivision r4anual and inwrporated herein. 5. The Applicant shall implement, ro the satisfaction of the De��elopment Sen�ices Director and [he Citv Eneineer, the associated D4iti�ation n4easures and associated D4itieation 1�4oniroring and Reponine Program (r4D4RP) 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 Plannine Area Plan (SPA Plan) (PCn4-12-04) for the Villaee Eieht East Project, and the Tentative r�ap for the Village Eieht East Project (CVT-13- 03), within the timefra�ne specified in the Mb'IRP. 6. The CCRR's for each Homeo�+�ners Association (HOA) within the Villase Eight East project shall contain a provision that provides all new residenu Wit6 an overflioht notification disclosure document that discloses the follo�vina information durine anv real � estate vansaction or prior to lease signing. as required by the Brown Field Airport Land Use Compatibility Plan (ALUCP): Resolution No. 2014-238 Page No. 10 NOTICE OF AIRPORT IN VICINITY: This property is presently located in the ��icinity of an airport, within what is known as an airport influence azea. For that reason, the property may be subject to some of the ' annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. A copy of this disclosure document shall be recorded with the Counry of San Diego County Recorder's Office as part of project approval. Each prospective homeowner shall si�n the disclosure document confirming they have been informed of the vicinity of the airport prior to the purchase of a home. 7. During any real estate transaction, or prior to lease-signing of any property within the Village Eight East Project, the prospective owners or residents shall be notified of the followine information in a disclosure document and in the CC&Rs for each HOA within the Village: a. NOTICE OF FUTURE EXPANSION OF STATE ROUTE 125 (SR-125): Be advised that Caltrans has a long-term plan (per SANDAG RTP) for the widening 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 this disclosure document shall be recorded against the property as part of project approval. Each prospecti��e homeowner shall sign the disclosure document confirming they have been informed of the vicinity of the airpoR, mine, and landfill prior to the purchase of a home. 8. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercia] or multi-family residential uses. 9. The Applicant shall construct public facilities in compliance with the Otay Ranch Village Eieht East 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 En�ineer and Development Sen�ices Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 10. The Applicant shall dedicate, with the applicable Final Map, for public use all the public streets shown 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 Village Eight East Project and as specified in Otay Ranch Village Eight East SPA Plan Final Public Facilities Finance Plan Table CJ "Project Access and Direct Traffic Mitigation Threshold Requirements" and Table C.6 "Internal Sveet Improvements". The Applicant shall construct the public � improvements and provide security satisfactory to the Development Services Director, City Engineer and City At[omey. Resolution No. 2014-238 Paee No. 11 11. Prior to appro��al of an�� Final r4ap shoN•ine public or pm°ate streets, the Applicant shall obtain appro��al of sveet names to the satisfaction of the Development Services D'uector and City Eneineec The Otay Valley Road sveet name shall be changed to Otay Vaile} Pazkwav. 12. In accordance with Subdi��ision D4anual Condition 40: The applicant shal] notify the Cit}� at least 60 days prior to consideration of the first map if an}� off-site right-of-way or an}� interest in real property needed to construct or install offsite impro��ements cannot be obtained as required by che Conditions of Appro�al. After said notificatio�. the Applicant shall comply with the requirements set forth in Subdivision Manual Condition 40. 13. Prior to the appro��al of the Final Map for Planning Areas adjacent to R-1. R-2. R-3. Rl la, R-12a. R-12b. R-13, R-?4a, or R14b pro��ide an off-site fuel manaeement program per Section 4.1.2 "Other Vesetation A4anagement' of the Fire Protection Plan, and CVMC Chapter 15.38- "Urban Wildland Interface Code." The Proeram shall establish the oblieations for fuel manaeement that apply to each of the Plannine Areas and adjacent off-site properties, includine required fuel manaeement zones adjacent ro structures. consent from affected off-site property o"�ners, and other applicable requirements to the satisfaction of the Fire Marshal and De��elopment Sen�ices D'uector. The program requirements shall be satisfied prior to the delivery of combustibie material to the site, to the satisfaction of the Fire D4azshal. 14. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New De�-elopment (F.I.N.D.) b4odel for the Otav Ranch Project. The Applicant shall pro��ide funds to the Reserve Fund as required by the Reserve Fund Program (RFP). Pursuant to the pro�isions of the Growth Manaeement Ordinance and the Otay Ranch General De�elopment Plan (GDP), the Applicant shall panicipate in the fundin� of the preparation of an annual report monitorine the development of the community of Otay Ranch. The annual monitorine report �rill analyze the supply of, and demand for, public facilities and services eovemed bv the threshold standazds. An annual review shall commence folloN•ine the first Fiscal yeaz in which residential occupancy occurs in the Project and is to be completed durine the second quarter of the following fiscal year. The annual report shall adhere to the GDP/SRP, as amended from time-to-time. 1�. Prior to the firs[ Final Map, the applicant H�ill en[er into an aereement to provide fundine for periods where project expenditures exceed projected revenues in compliance ���ith CVA4C 19.09.060(J). To address projected project re��enue shortfalls. the Applicant shall pa}� a fee in the amount of S120 per dwellina unit prior to buildins permit issuance, subject to Development Services Director approval. 16. Prior to appro��al of the first final map authorizine dwelling units containine am� parcel within the Villaee Core, the Applicant shall submit and obtain approval by the Citv of a � Master Precise Plan Resolution No. 2014-238 Paee No. 12 17. Prior to the first Final Map, the Applicant shall submit and obtain approval by the City of a Planned Sign Program. Applicant shall be required to obtain an approval of a Master Encroachment Permit prior to construction of signage in the public right-of-way in any project area, to the satisfaction of the City Engineer and Development Services Director. Public Facilities: 18. Prior to the first Final Map for planning areas adjacent to SR-125 (or per the uniVEDU thresholds in the PFFP), the Applicant shall dedicate the right-of-way that is necessary for the SR-125 interchange at iviain Street and the SR-125 interchange at Otay Valley Road to the satisfaction of the Development Services Director and City Engineer. 19. Prior to approval of the first Final Map containing planning areas adjacent to SR-125 and/or the water quality basin and associated water quality basin access road, the Applicant shall obtain approval from CALTRANS and SANDAG of decertification of SR-125 right-of-way and transfer of tide of decertified SR-125 right-of-way to the satisfaction of Development Services Director and City Engineer. 20. Prior to approval of the first Final Map containing the water quality basin and associated water qualiry basin maintenance and emergency access road adjacent to and within the SR-125 right-of-way, the Applicant shall obtain a maintenance/emergency vehicle and community park paseo access easement from CALTRANS and SANDAG for the benefit of the City of Chula Vista to the satisfaction of Development Services Director. 21. Prior to the first Final Map for the Project, the Applicant shall fund the processing of a Pedestrian Bridge Development Impact Fee Ordinance (which will be applied to Village Eight East and portion of Village Nine) for the cost of constructing a village pathway pedestrian and bicycle bridge, including but not limited to: concepmal plans, environmental review, final plans, approach ramps, abutments, encroachment permits, right-of-way, grading, paving, walls, lighting and all line items necessary for the complete construction of said improvement on a pro-rata basis, in order to comply with the Village 8 East Sectiona] Planning Area (SPA) Plan and the Otay Ranch GDP. The Applicant shall agree not to protest the amount of the fee established by said Ordinance. 22. The Villa�e Pathway and Pedestrian Bridge facility shall be designed in a ]ocation to be determined by the De��elopment Services Director, with a minimum deck width of 13- feet, sufficient for both two-way bicycle and pedestrian users to safely share the Village Pathway and Pedestrian Bridge, to the standards and satisfaction of the Directors of Development Services and Public Works; and the timing of the construction of said bridge will be determined by the City Manager or his designee, consistent with the requireme�ts of Ihe Village Eight East SPA Plan, Public Facilities Financing Plan (PFFP). 23. Prior to the Final B Map for the Project containing the 2,948th dwelling unit, the Village Pathway within Villaee Eight East, including the pedestrian bridge between Village Ei�ht � East and Village Nine, shal] have been constructed and in service. If these facilities aze not constructed and in service then one of the following steps shall be required as determined by the Development Services Director: Resolution No. 2014-238 Paoe No. 13 a. Development in Villaee Eieht East shall not proceed until the Villaee Pathwa�� pedestrian and bicycle bridge is consuucted: or. b. City and the Applicant shall meet to determine N�hether re��ised timing of the facilities is appropriate. A number of factors, includine the proeress of development of Viilage Nine and changes to the assumed land uses. may affect the timina and location of the facilities: or. c. Applicant shall construct the facilities and be eligible for reimbursement from the \'illaQe Pathway/Pedestrian Bridee DIF for total expenditures in ezcess of �0- percent of the total cost of the facilities. 2�. The Applicant shall provide the Cit}� with e��idence from the CVESD that the Villaoe 8 East school site has been determined bv the district ro be acceptable for school use, to the satisfaction of the Development Sen�ices Director. 2�. Prior to approval of the Final r4ap or Desi�n Review application that identi£es the need for local public transit facili[ies in accordance with r4TS determination. the Applicant shall provide a deposit in.the amount of S20.000 for each planned transit facility station or transit stop payable to the City of Chula Vista for a Capital Improvement Project for future transit impro��ements as depicting on the Villaee 8 East SP.A Plan, Conceptual Transponation Plan, Exhibit 21, or enter into an agreement to construct future transit improvements to the satisfaction of MTS or their designee. 26. Prior to approval of the first Final Map or the issuance of the fust gradine permit for the Village Eight East Project. whicheeer occurs first, the Applicant shall provide all of the followine: a. Evidence satisfactory to the De�elopment Sen�ices Director, that the Applicant has entered into a bindine and properl}' executed a�reement with the City of San Dieoo to construct the new City of San Diego waterlines at a location that has been approved by [he Cit}' of Chula Vista (`Waterline Aereement'), as depicted on the Villaee 8 East Tentative Map (CVT 13-03). to replace the existing Ciry of San Dieeo waterlines located �+�ithin the Villaoe Eieht East development area. The pipeline relocation work contemplated by said �Vaterline Aareement shall be secured with the City of Chula Vista listed as a thud party beneficiary of the bonds. b. Evidence that the City of San Dieao has abandoned or has aareed to abandon any water main easements not needed as a consequence of the relocation of the City of San Dieeo waterlines within Villaee Eieht East and entered into a Joint Use Aereement for the neH� location of the City of San Diego water lines within the City of Chula Vista rieht-of-wav of future Otay Valley Road. Submit oradine and impro��ement plans for the approval of the De��elopment Services Director. � includine security for completion of said work (or proof of security in which City of Chula \'ista has a rieht thereto). for the construction of new Citti� of San Diego Resolution No. 2014-238 Page No. 14 waterlines in accordance with the provisions of the Waterline Agreement. The improvement plans shall depict the closure or abandonment of the existine water lines in accordance with standard engineering practices. c. Enter into an a�reement to obtain City approval of a SPA amendment and/or any other documentation, to the satisfaction of the Development Services Director, if the relocation of the City of San Diego waterline is not completed in accordance with the Waterline Agreement. d. Enter into an agreement with the City of Chula Vista to defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, causes of action, demands, suits, actions or proceedings,judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attomeys' fees) arising out of, connected with or incidental to the construction of the new City of San Diego waterlines and the closure and abandonment of the old waterlines, or from any and all City action, conduct or matter related thereto. 27. Prior to the Final Map approving the 1,200'� Residential Dwelling Unit (Single-Family and/or Multi-Famil}� Residential) for Village Eight East, the new City of San Diego water line shall be constructed, as depicted on the Village Eight East Tentative Map (CVT 13- 03). 28. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide the City with a Village 8 East Subarea Master Plan (SAMP) for potable, recycled water, and fue flow, as approved by Otay Water District (OWD). Applicant shall agree to participate in the pro rata share of the cost of facilities to satisfaction of the Development Services Director. 29. Prior to approval of the first Final Map in Village Eight East, or as approved by the Development Services Director, the Applicant shall provide evidence satisfactory to the Development Services Director that: a. Applicant has acquired from CALTRANS the remainder right-of-way along State Route 125 that will be utilized as residential, open space, and/or CPF land uses, as depicted on the Village 8 East Tentative Map (CVT 13-03). b. CALTRANS has agreed to the proposed ]ocation, design and construction of retaining walls, if any, within the right-of-way of State Route 125. 30. Prior to approval of the first Final Map in Village Eight East, the Applicant shall convey the necessary right-of-way and bond for the construction of the required retaining walls to accommodate the future on/off ramps of State Route 125 at Otay Valley Road, all to the satisfaction of the Development Services Director and City Engineer. Resolution No. 2014-238 Paee No. 1� 31. Prior to appro��al of any Final Map in Villaee Eiaht East that shows a lot labeled on the TM as "Future De��elopment Lot," the Applicant shall provide access to a public street impro��ed to standazds, all to the satisfaction of the Development Sen�ices Director and Citv Enoineer. Affordable Housine: 32. Prior to appro��al of the first Final Map for ttie Project, the Applicant shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of Califomia reeulations. This agreement shal] identify potential affordable housine sites, schedules and the followine building permit threshold requirements described in the Affordable Housing Plan: (1) prior to the City's issuance of the 1J80th building permit within Villaoe Eieh[ East. Applicant shall commence construction of the Initial Phase of the low and moderate-income housins units, and (2) prior to the City's issuance of the 2,670th building permit. Applicant shall commence construction of the remainder of required low and moderate-income housine units. "Initiai Phase" shall mean 60% of the total number of qualified low and moderate-income housine units. �'��ater Quality: 33. Applicant shall agree to remain in compliance wi[h the Citv's Storm �'�'ater Manual, as determined by the Development Services D'uector. Parks: 34. Prior to approval of the first Final Map for the Project, the Applicant shall provide the City with an Ine��ocable Offer of Dedication (IOD) for the neiehborhood pazk site (Lot P-1) and that portion of the Community Park site (L,ot P-2) related to Villaee 8 Easrs actual park acre oblieation (approaimatelv 23J net acres) acceptable to the De��elopment Sen�ices Director. Trails: 3�. Prior to approval of the first Final A1ap, the Applicant shall obtain approval of and record an easemen[ for public vail purposes for the segment of the Chula Vista Greenbelt Trail „�ithin the boundaries of Villaae 8 East on any portion of Wiley Road and/or the Salt Creek Sewer Easement ow�ned by the Applicant. to the satisfaction of the Development Sen�ices Director. 36. The Applicant shall submit and obtain appro�al of vail impro��ement plans and shall construct all required trails, fencing and signaee, consistent with Citv trail standazds �chen required bti� the De��elopment Services Director. Said impro�=ement plans containine Chula Vista Greenbelt Trail se�ments as depicted on the Villaee S East � Tentative A4ap (CVT 13-03). to be located within the existine Salt Creek Sewer Easement, will include improvements such as fencine and signaee. Resolution No. 2014-238 Page No. 16 37. Prior to issuance of the buildin� permit for the 1,929�' dwelling unit within Village 8 East, the Applicant shall construct all Chula Vista Greenbelt Trail improvements. including fencing and signage, consistent with Chula Vista trail standazds, as required by the Development Services Director. 38. Community Park Access Trails, as depicted on the Village 8 East Tentative Map (CVT 13-03), shall be constructed in conjunction with the construction of the Village 8 East Community Park. ' 39. The Applicant shall designate private open space lots to accommodate the Village Paseo desien that traverses nei�hborhoods R-7, R-8, R-9 and R-]0 generally on an east-west axis, on any Final Map that includes said neighborhoods to the satisfaction of the De��elopment Services Duector. Landscaping/Walls/Fences: 40. Footines and geosynthetic 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 Sen-ices Director. 41. 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 approva] 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 improvements in such areas. 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 D'uector. b. Submit evidence acceptable to the City Engineer and Development Services Director of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, induding a Community Facilities District (CFD) or Open Space District. A Community 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 induded 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 final 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 En�ineer and � Development Services Director requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney. Resolution No. 2014-238 Paae No. 17 c. The Applicant shall submit for Citv`s approval the CCRR's erant of easements and maintenance standards and responsibilitv of the MHOA`s for the Open Space Areas u�ithin the Villaee Eieht East Project Area. The Applicant shall acknowledse that the n4HOA's maintenance of public open space. trails. etc. may expose the City to liabilitv. The Applicant agrees to establish an MHOA that w�ill indemnify and hold the City harmless from any actions of the A4HOA in the maintenance of such areas. d. Submit and obtain appro��al of the City Engineer and Development Ser��ices D'uector of a list of all facilities and other items to be maintained bp the proposed district or D4HOA. Separate lists shall be submitted for the impro�=emenu and facilities to be maintained by the Open Space District or some other financine mechanism and those to be maintained b}� the r4HOA. Include a description. quantity, and cost per yeaz for the perpemal maintenance of said improvements. These lists shall include but are not limited to the follo�+�ina facilities and improvements: � i. All facilities located on open space lots to include but not be limited to: walls, fences. water fountains, lighting structures, paths, trails, access roads, drainage structures. and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) mrf. 2) urigated, and 3) non-irrieated open space to aid in estimation of a maintenance budee[ thereof. ii. The proportional share of the maintenance cosu of any medians and parkways along the applicable roadways as identified in the PFFP adjoinino the de��elopment as determined bv the Citv Engineer. iii. All water quality basins servin� the Project. 42. The Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscape medians, pedesvian bridges, and scenic corridors alone streets, within or adjacent to the subject subdivision. 43. The Applicant shall submit a detailed walUfencing plan with the Design Review Site Plan submittal for each plannine area sho���ine that all project �i�alls and fences comply ���ith the appro�-ed SPA Plan �'illage Design Plan. Landscape Master Plan, and other applicable City of Chula Vista requiremenu, to the Development Ser��ices Director for approval. Plans shall indicate color, materials. height and location of freestanding walls. retainine «�alls. and fences. The plan shall also include details such as accurate dimensions, complete cross-sections showin� required walls. adjacent erading, landscapine, and sidewalk improvements. 44. Prior to the appro��al of the first Final Map for the SPA Plan, the applicant shall annex the � project area into Otay Ranch Presene Community Facilities District No. 97-2, Improvement Area "C." Resolution No. 201�-238 Page No. 18 45. Prior to recordation of each Final Map the applicant shall convey fee title to land within the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manaeer or its designee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Access to the property for maintenance purposes shall also be provided to the satisfaction of the Preserve Owner Manager 46. Prior to construction of Regional Bus Rapid Transit and/or Rapid Bus transit stations in Village Eight East, the Applicant shall obtain approval of improvement plans, as depicted on the Village 8 East SPA Plan, Conceptual Public Transportation Plan, Exhibit 21, to the satisfaction of SANDAG. MTS, and the Development Services Director. 47. Prior to issuance of the first building permit or other discretionary permits for mixed use, multi-family, or non-residential developments within the project site, the Applicant shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.25 — Recycling, related to development projects, to the 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 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 trash, recycling and green waste containers (3 total), as approved for a small-quantiry generator (single family residential use). 48. Prior to recordation of each Final B Map, all CFD slope and open space areas shall be designated as individual ]ots on said fina] map to the satisfaction of the Development Services Director. 49. Prior to the first Final B Map for R-17 and R-18 Applicant shall provide for reciprocal private access from R17 to Street C (Caraway Street) between R-18B/C and along the easterly edge of R-18d to the satisfaction of the Development Services Director. 50. Prior to the First Final B Map in plannin� area MU-1 Applicant shall provide reciprocal access between Street C (Caraway Street) and Street K (Casabel Street) to the satisfaction of the Development Services Director. 51. Prior to the First Final B Map for R-15 Applicant shall provide reciprocal access between Streets A (Santa Marisol) and B (Santa Tipu) to the satisfaction of the Development Services Director. 52. Prior to the First Final B Map which includes Street M, the Applicant shall widen Saeet - M (Safflower Street) on said Map to mirror the width of Street L (Safflower Street) and indicate Street `'M"s cross section on said Map to the satisfaction of the Development Services Director. Resolution No. 2014-238 Pa�e No. 19 �3. Prior to First Final A Map Applicant shall pro��ide rioht of way for dual lefts and a right nun at north bound Street "A" at A4ain Sueet to the satisfaction of the Development Sen�ices Director and City Engineer. �4. Prior to each Final r4ap appro��al Applicant shall pro��ide letters of permission to grade all off-sites (including slopes. roads, utilities, etc) necessazy to support each Final Map independentiv to the satisfaction of the De�=elopment Ser��ices Duecror. ». Prior to each Final Map approval Applicant shall pro�•ide proof that all offsite rieht of way, drainage, seweraee and water facilities have siened and bonded improvement plans necessar}� to connect said Final Map to existing facilities to the satisfaction of the De��elopment Services Director and City Eneineer. In the case of two sepazate property owners utilizina the same plans and bonds of said impro�ement plans and or ri�hts-of- wavs, both property owners shall pro��ide proof in a written agreement to: process plans. construct from the same set of plans, process as-builu, complete punch list items, and have the same bond company list them both as principal. all to the satisfaction of the Development Services Director and City En�ineer.