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HomeMy WebLinkAboutReso 2014-239 RESOLUTION NO. 2014-239 RESOLUTION OF THE CITY COUNCIL OF THE CITl' OF CHLTL.A VIST.A APPROVING TENT,aTIVE n4.AP CVT-13-04 (PCS-13-04) FOR THE OTAY RANCH VILLAGE TEN PROJECT SUBJECT TO THE CONDITIONS CONTAII�TED HEREIN I. RECIT.4LS W7-IEREAS. the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "1." attached hereto and incorporated herein b}� this reference and for the purpose of eeneral description consists of 363.4 acres, and identified in Count}� Assessor Records as API�' # 644-080-17-00 and a portion of 644-090-03-00. (Project Site): and �Y7-IEREAS. on December 21. 2011, a duly �erified application requesting approval of a ?entati�•e Subdivision r4ap (PCS-13-04). Chula Vista Tract I�'o. 13-04 (Tentative Subdivision Map). which preceded the January 3. 2012 duly verified application requesting approval of the Sectional Plan Area (SP.4) Plan (PCn4-12-01). ���hich followed the dul}� ��erified applications for General De��elopment Plan (PCI�4-09-28) (GDP). and General Plan Amendment (GPA-10-02). all of which were filed with the Cit}� of Chula Vista De��elopment Services Department by SSBT LCRE V, LLC (the "ApplicanY' and "Owner"): and �'��HEREAS. the City's Development Sen�ices Director has reviewed the Project for compliance with the Califomia En��ironmental Qualitv Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Ota}' Ranch UniversitV Villaoes Project Environmental Impact Report (EIR) No. 13-01. SCH#2013071077 (EIR-13-01);and «'I-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, pre�-iously approved b�� the City Council on December 2. 2014, by Resolution No. 2014-233 wherein the Cit�� Council. in the environmental evaluation of said GPA/GDPA, relied on the Ota}�Ranch Uni�ersity Villages Project EIR-13-01: and �'l'HEREAS, on December 2. 2014. the Applicant obtained appro�•al of the Otav Ranch Villaee Ten Sectional Plannine .4rea (PCM 12-04) establishine the pattem of land uses and circulation, policies to guide the de�•elopment of the Project Site.�and establishing the zoning for the property. wherein the City Council, in the em ironmental evaluation of said Sectional Planning Area, re�iewed, considered and cenified Final EII2-li-01 (FEIR-13-01) and adopted the Findines of Fact, Statement of O��erridine Considerations, and A4itigation r9onitoring and Reportine Program, pursuant [o Resolution No�EIIt-13-01: and Resolution 2014-239 Pase No. 2 WHEREAS, the Applicant requests approval of a Tentative Map to subdi��ide 363.4 Acres into parcels supportine up to 695 single-family residential units, and 1,045 multi-family residentia] units, (the '`Projecf') on said Project Site; and WHEREAS. a hearina 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 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 WHEREAS, following the Plannin� Commission's public heazing on the Project, a hearing time and place was set by the City Council 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 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 WI-IEREAS, immediately prior to this action, the City Council reviewed and certified FEIR- 13-01 and adopted the Findines of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution No. EIIZ-13-01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereb}� find, determine and resolve as follows: II. PLANNING COMMISSION RECORD Record of the proceedines of the Plamiing Commission at their public hearing on November 19, 2014, including their vote, along with any relevant comments, have been provided to the City Counci] and are hereby incorparated into the record of this proceeding. III. CERTIFICATION OF COMPLANCE WITH CEQA The Ci[y Council, in the exercise of their independent review and judament, immediately , prior to this action, on December 2. 2014, reviewed and certified FEIR-13-01 and adopted the Findinss of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program by Resolution No. EII2-13-01. Resolution No. 2014-239 Paoe No. 3 N. TENT.ATIVE SUBDIVISIOI�' r4AP FINDINGS A. Pursuant to Go��ernment Code Section 66473.� of the Subdivision A4ap Act, the Cit}� Council finds that the Tentati��e Subdivision Map. as conditioned herein for the Project. is in conformance with the elements of the Citv's General Plan. based on the followine: 1. Land Use and Circulation The Project is consistent �;�ith and implements the Ota}� Ranch Village Ten SP.A Plan by establishing developable parcels, public impro�ements and public facilities that will create a mixed-use To���n Center and other complementary land uses. including community purpose facilities, public schools and parks, and residential neiehborhoods that offer a ��ariet}' of housino t}'pes and densities. The r4ixed Use Urban Villaee would be comprised of integrated potential commercia] and residential uses that would encouraee use of altemative modes of transportation and reduce reliance on the automobile. The Project w�ill be designed to encourase residenu to utilize alternative modes of.transponation such as the Bus Rapid 7ransit (BRT) senice. local bus service. the SR-l2� Villaee Path�;av Bridee, sidewalks. trails. and bicycle lanes. The Project has been desiened to include a vehicle circulation system that complies with the requirements of the Citv of Chula Vista's General Plan, Otav Ranch General De�elopment Plan and Otay Ranch Villaee Ten SPA Plan. The cuculation svstem includes a hierarchv of streets. each providing accommodations for pedestrian walkwa}�s and bicycle «�avs. Reduced lane widths and bulb-outs at intersections ���ill enhance pedestrian comfort and safety. The construction of the circulation system will be phased in accordance «�ith the \'illaee Ten SPA's Public Facilities Financine Plan (PFFP). such that the development of the circulation svstem �3�i11 precede planned gro«th and maintain acceptable levels of senice, as required bv the Cit}�'s Gro�+th A4anaaement Proeram. 2. Economic Development The Project �i�ill contribute to the economic base of the City by pro�iding a mised use Village Core with a sueet grid system. and Residential districts that will provide for a range of multi-famil}' residential product t}�pes that ���ill enhance the image and appearance of the Otati� Ranch communitti� and �i�ill benefit the local economv. Approval of the Project �rill help achieve the General Plan objectives that seek to promote a �ariety of housing opportunities. The Villaee Ten de��elopment pattem responds to adjoining de��elopment azeas that contain�additional opportunities for stimeroy �;�ith adjacent emplo}�nent areas such as the universitti� inno��ation district and eastem urban center desienated areas thereby enhancing the Cit}��s jobs/housing balance. pro��iding a di��erse economic base, and encouragine the erowth of small � businesses. Resolution 2014-239 Page No. 4 3. Public Facilities and Services To fulfill educational needs of students residing in Villa�e Ten, one elementary school site totalins 9.2 gross acres have been reserved as described in the PFFP for acquisition by the Chula Vista Elementary School District. The Chula Vista Elementarv School District would be able to accommodate the additional smdents eenerated by the Project, and the existing schools would not be adversely impacted by the approval of the Project. Sewer The Project Site is �+�ithin the boundaries of the City of Chula Vista wastewater services area. Se�+�er capacity needs for the Project, in conjunction with lon;-term growth in the area, have been analyzed in the PF'FP. Sewer capacity will be available to ser��e the Project subject to the PFFP requireinents, 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 6.6 net-acre Neiehborhood Park and approximately 9.0 net-acres of Community Park land within the Village Eight East Active Recreation community park site. Said park sites will be developed with a variery of recreational opportunities ranging from active to passive recreatioaal 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 a��ailable to serve the Project concurrent with the demand for those services. The Ciry 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 Califomia Green Building St�ndards, the City's Green Building Standards and [he City's Energy Efficiency Ordinance in affect at the time of building permit issuance, ensuring energy-efficient homes will be developed. 4. Housine The Projecl wil] provide a variety of housing types, includmg single-and nmlti-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 priar the approval of the first Final Map. Thus the Project is consistent with the Housing Element of the City's General Plan by providing additiona] opportwiities for high-quality, market-rate single-family residential home ownership in the southeastern portion of the City. Resolution No. 2014-239 Pa�e No. � �. Growth Manaeement The Project is in compliance �ti ith applicable Grow�th ManaQement Element requirements because a PFFP has been prepared as required by the Growth Manaeement Ordinance. The PFFP requirements ha�e been included in the Project's conditions of approval. 6. Environmental The Projec[ 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 �cith these goals and policies. The Ota}� Ranch Resource n4anaeement Plan (RD�IP) requires con��eyance of 1.188 acres of]and to the Otav Ranch Presen e for every one- acre of developed land prior to approval of any Final Map. which is equivalent to approximately 159.1 acres. The Project has been conditioned to dedicate Multi- species Consemation Plan (MSCP) open space preseme lands prior to recordation of each Final r4ap. The Project is therefore consistent �a ith the requirements of the Ota}� Ranch RA4P and MSCP Subarea Plan. B. Pursuant to Govemment Code Section 66473.1 of the Subdivision Map Act. the confieuration. orientation, and topograph�� of the site allows for the optimum siting of lots for natural and passive heating and cooline opportunities and that the development of the site „•ill be subject to site plan and azchitectural re��iew to ensure the maximum utilization of natural and passi��e heating and cooline 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 appro�a] on the housing needs of the region and has balanced those needs against 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 de�'elopment because it will be developed in conformance with the Otav Ranch Villaee Ten SPA Plan and EIR-13-01. w�hich contain pro��isions to ensure that the site is de��eloped in a manner that is consistent ���ith the standards established by the Citti� for a master—planned community. E. The conditions herein imposed on the Project, are approzima[ely proponional both in nature and eatent ro the impact created b�� the Project, based upon the City's police powers and evidence provided by the record of the proceedines of EIR-13-01. V. GOVERND4ENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1). NOTICE IS HEREBY GNEN that [he 90 day period to protest the imposition of any impact fee. dedication. resen ation, or other exaction described in this resolution begins on the effecti�e date of this resolution and an�� such protest must be in a manner that complies �+�ith Section 66020(a) and failure to follow this procedure in a time]y manner �+ill bar am� subsequent legal action to attack, set aside, Resolution 2014-239 Page No. 6 ��oid or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other siinilar application processing fees or ser��ice 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 challenges 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 ha��e 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 retumed within ten days of recordation to the City Clerk. Failure to record this document shall indicate the property owner and Applicant's desire that the Project, and the corresponding application for building permits and/or a business license, be held in abe}�ance without approval. Said document will also be on file in the Cit}' Clerk's Office and l:nown as Document No. 2014-239. " a1 �g1 ��5 Sign ureo A licaf�t Sophie Yang Date ��18'� .�-v l,h Sign tureo op ty wner, Sophie Yang Date VIL CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing 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 according to their terms, the City shall have the right to revoke or modify all approvals herein eranted, deny. or further condition issuance of all future buildina permits, deny, revoke, or further 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 dama�es 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 siven 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 e��ent 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. 201�-239 Paee No. 7 BE IT FURTHER RESOLV"ED that the Cit�� Council does hereb�� appro��e the Project subject to the Findings contained herein and subject to the Condi[ions of.Approval set forth in Ezhibit `?" incorporated herein b� this reference and on file in the Office of the Cin� Clerk. Presented bv Approved as to form b�� ' � I:ellv G. Broughton. FASLA len R �ins � Director of De��elopment Sen�ices _� .Att _ PASSED. APPROVED. and ADOPTED bv the Citv Council of the Citv of Chula Vista. California. this Znd da�� oF December 2014 b�� the folloH�ine vote: AYES: Councilmembers: Bensoussan. Salas and Cox NAYS: Councilmembers: Ramirez ABSEI�'T: Councilmembers: Aeuilar Patricia Aguilaz. put}� Mavor ATTEST: �� Donna R. I�'orris. MC. itv Clerk STATE OF CALIFORi\'lA ) COLT;�TTY OF SAN DIEGO ) C1TY OF CHULA VISTA ) I. Donna R. Norris. Citv Clerh of Chula Vista. Califomia. do hereb�� certifi� that the foreaoine Resolution No. 2014-2.i9 was dul}� passed, appro��ed, and adopted b�� the Cit�� Council at a reeulaz meetine of the Chula Vista Cirv Council held on the 2nd dav of December 2014. Esecuted this 2nd da�� of December 2014. � Donna R. Noms. MC. Cit�� Clerk Resolution 2014-239 Page No. 8 EXHIBIT "1" olqy ���5 Rp. EAST H ST. � 9 �y E' O Mqq �► � ` mo a4 m ��B'QqpH � � m GAUYDU °> � Otay Ranch bdy� ry�49 Qp�,J.�p� $ �F � a-�, aD m BOS BI 125 ��6E h � \� � 70 8A1DRS' �yMVIL ' \ �1/G /i�SS%� \' � � ` � `\� r/� i� �� ' I 'yql,�� � 07AY VALLEYRD. �� /�\`DtaYeiYER m / /� A � p�J �\ / O nac,u auE. � ' � � � T - �Otey Ranch doundary H'r4 s 0 OTAY MESA 2D. 4 rior ro su� Resolution No. 2014-239 Paee No. 9 Ezhibit "2" - VillaQe Ten Tentative A4ap Conditions TENTATIVE r4AP CONDITIONS OF APPROVAL GENERAUPLAI�TI�TII�'G .AND BUILDING I. Unless othenrise specified or required b}� laN�: (a) the conditions and Chula Vista Municipal Code requirements set forth belo�r shall be completed prior to the related Final D4ap as determined by the Development Sen'ices Director and the Ci[y Engineer. unless ocherwise specified. "dedicate" means orant the appropriate easement, rather than fee title. VVhere an easement is requued the Applicant shall be required to pro��ide subordination of any prior lien and easement holders in order to ensure that the Citti- has a first priority interest and rights-in such land unless otherwise wai��ed by the Citv D4anager or his/her designee. �fiere fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless other�;ise excused bv the Citv. 2. Should conflicting wordine or standards occur becween these conditions of appro��al, any conflict shall be resoh ed bv the Citv r4anaeer or desienee. 3. The Applicant, or his/her successors in interest. shall impro��e the Project Site w�ith the Project as described in the Tentati�'e Subdivision D4ap. Chula Vista Tract I�'o. 13-04, eenerallv located south of the future uni�ersitv site. 4. The Project shall comply �cith appro��ed General Plan .Amendment GPA-10-02 and General Development Plan Amendment PCD4-09-23 appro��ed December 2. 2014. [he Sectional Plannin� Area (SPA) Plan PCn4-12-01. appro��ed December 2. 2014 and all supportina documents includins but not limited to the Public Facilities Finance Plan. Parks. Recreation. Open Space and Trails Plan. Affordable Housin� Plan and I�'on- Renew�able Enersv Consenation Plan, and the Citv of Chula Vista Standard ?entatice Map Conditions as outlined in the Subdi��ision Manual and incorporated herein. �. The .Applicant shall impiement, to the satisfaction of the De��elopment Sen�ices Director and the Citv Eneineer. the associated D4iti�ation D4easures and associated Mitieation Monitorina and Reporting Proeram (MA�IRP) identified in the Final Em�ironmental Impact Report (EIR-13-01: SCH No. 2013071077) for Amendmenu to the Chula Vista General Plan (GPA-10-02). Amendments to the Otav Ranch Generai De�elopment Plan (PCT4-09-28). the Sectional Planning Area Plan (SPA Plan) (PCn4-12-01) for the Villa�e Ten Project, and the Tentati�e 1�4ap for the Villaee Ten Project (CVT-13-04). w�ithin the timeframe specified in the A4A4RP. y 6. The CCKR's for each Homeo�vners Association (HOA) �+�ithin the Villaee Ten project shall contain a provision that pro��ides all nem residents ���i[h an overflieht notification disclosure document that discloses the follo��ine information durine an1� real estate � transaction or prior to lease sianing. as requued by the Bro�in Field Airport Land Use Compatibility Plan (ALUCP): Resolution 2014-239 Page No. ]0 NOTICE OF AIRPORT IN VICINITY: This property is presently loca[ed in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or mconveniences associated with proximiry 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 whetherthey are acceptableto you. A copy of this disclosure document shall be recorded with the County of San Diego Counry Recorder's Office as part of project approval. Each prospective homeowner shall sign the disclosure document confinning they have been informed of the vicinity of the airport prior to the purchase of a home. 7. The Applicant shall construct public facilities in compliance with the Otay Ranch Village Ten 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 applicanYs request, the City Engineer and Development Services Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 8. 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 impro��ements as necessary to mitigate the impacts of the Village Ten Project and as specified in Otay Ranch Village Ten SPA Plan Public Facilities Finance Plan Table C.6 "Project Access and Direct Traffic Mitigation Threshold Requirements" and Table C.� "Internal Street Improvements." The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer, Development Services Director, and City Attorney. 9. Prior to approval of any Final Map showine public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Services Director and City Engineer. 10. In accordance with Subdi��ision Manual Condition 40: The applicant shall notify the City at least 60 days prior to consideration of the first map if any off-site right-of-way or any interest in rea] property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the Appl�cant shall comply with the requirements set forth in Subdivision Manual Condition 40. Resolution No. 2014-239 Paoe No. 11 11. Prior to the approval of the Final A4ap for Planning Areas adjacent ro R-3, R-�, R-17a. R- 17b. or R-17c. pro�ide an off-site fuel management program per Section 4.1.2 "Other Veeetation r4anaeement" of the Fue Protection Plan, and CVMC Chapter 1�.38- "Urban «�ildland Interface Code." The Prooram shall establish the oblieations for fuel manaeement that apply to each of the Planning Areas and adjacent off-site properties, includins required fue] manaeement zones adjacent to structures, consent from affected off-site property owners. and other applicable requuemenu to the satisfaction of the Fire Marshal and De��elopment Services Director. The program requirements shall be satisfied prior to the deliver}' of combustible material to the site. to the satisfaction of the Fire Marshal. 12. A resen-e fund proeram has been established by Resolution No. 18288 for the fundine of the Fiscal Impact of Ne�;� De��elopment (F.I.N.D.) A4odel for the Ota}� Ranch Project. The Applicant shall provide funds to the Resene Fund as required by the Reserve Fund Proeram (RFP). Pursuant to the provisions of the Gro�+�th Manaoement Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the fundin� of the preparation of an annual report monirorin� the deeelopment of the communitti� of Ota}� Ranch. The annual monitorine report «il1 analyze the supply of. and demand for, public facilities and sen�ices eoverned bti� the threshold standards. An annual reriew shall commence follo�+�ine the first fiscal veaz in �vhich 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. 13. Prior to the first Final D�ap, the applicant will enter into an agreement to pro��ide fundino for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). To address projected project re�enue shortfalls, the Applicant shall pav a fee in the amount of 5120 per d«�elline unit prior ro buildine permit issuance. subject to De��eloper Services Director appro��al. 14. Prior to appro��al of the first final map authorizine dwelline units containine anp parcel within the Villaee Core. the Applicant shall submit and obtain appro�'al by the Ci[y of a Master Precise Plan. 1�. Prior to appro�al of the fust Final Map, the Applicant shall submit and obtain appro�al by the Cit}� of a Villase-�'l�ide Planned Sien Proeram. Applicant shall be required to obtain an appro�'al of a A�aster Encroachment Permit prior to construction of sienaee in the public rieht-of-ua}' in an�� project area, to the satisfaction of the Cit}� Eneineer and Development Sen ices Director. Public Facilities: 16. The Applicant shall pro��ide the City uith e�idence from the CVESD that the Villaoe 10 school site has been determined b}� the district to be acceptable for school use, to the � satisfaction of the Development Sen�ices Director. Resolution 2014-239 Page No. 12 17. Prior to approval of the Final Map or Design Review application that identifies the need for local public trans�t facilities, in accordance with MTS determination, the Applicant shall provide a deposit in the amount of $20,000 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 Village 10 SPA Plan. Conceptual Public Transportation Plan, Exhibit 21, or enter into an agreement to construct future transit improvements to the satisfact�on of MTS or their designee. 18. Prior to approval of the first Final Map or the issuance of the first grading permit for the Village Ten Project, whichever occurs first, the Applicant shall provide all of the following: a. Evidence satisfactory to the Development Services Director. that the Applicant has entered into a binding and properly executed agreement with the City of San Diego to construct new City of San Diego waterlines at a location that has been approved by the Ciry of Chula Vista ("Waterline AgreemenY') and as depicted on the Village 10 Tentative Map (CVT 13-04) to replace the existing City of San • Diego waterlines loca[ed within the Village Ten development area. The pipeline relocation work contemplated by said Waterline Agreement shall be secured with the City of Chula Vista listed as a third party beneficiary of the bonds. b. Evidence that the City of San Diego has abandoned or has agreed to abandon any City of San Diego water main easements not needed as a consequence of the relocation of the Ciry of San Diego waterlines �vithin Village Ten and entered into a Joint Use Agreement for the new ]ocation of the facility within the City of Chula Vista right-of-way of future Otay Valley Road. Submit grading and improvement plans for ihe approval by the Development Services Director, including security for completion of said work (or proof of security in which City of Chula Vista has a right thereto), for the construction of the new City of San Diego waterlines in accordance with the provisions of the Waterline Agreement. The improvement plans shall depict the closure or abandonment of the existing water lines in accordance with standard engineering practices. c. Enter into an agreement 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 comple[ed 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, damases, liability, cost and expense (including without limitation attorne}�s' fees) � arisine 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. Resolution No. 2014-239 Paee No. 13 19. Construct the new• Ciri� of San Dieeo ��aterline �aithin Villaee 10. benveen the eastem and western projec[ boUndar��. per�the R'aterline Agreement and as depicted on the Villaoe 10 Tentati�e Map (CV'I 13-04), prior to the Final Map appro�ine the �SOth Residential Du�elling Unit (Single-Famil}� and/or Multi-Family Residential) for Villaee Ten. Affordable Housine: 20. Prior to appro�•al of the first Final r4ap for the Project, the Applicant shall enter into a Balanced Communities Affordable Housing Agreement. in compliance with applicable Citv and State of California reoulations. This agreement shall identify potential affordable housine sites. schedules and the follo„�ine buildine permit threshold requiremen[s described in the Affordable Housine Plan: (1) prior [o the City's issuance of the 870th buildine permit �ti�ithin Villaee Ten. Applicant shall commence construction of the Initial Phase of the low and moderate-income housins units, and (2) prior ro the City's issuance of the 130�th buildine permit. Applicant shall commence construction of the remainder of required lo�+ and moderate-income housino units. "Initial Phase" shall mean 60% of the total number of qualified low and moderate-income housine units. �'��ater Quality: 21. Applicant shall aeree to remain in compliance with the City`s Storm �'l'ater Alanual, as determined bv the De��elopment Sen�ices Duector. Parks: 22. Prior to approcal of the first Final Map for the Project, the Applicant shal] provide the Citv with an Irre�rocable Offer of Dedication (IOD) for the neiehborhood park site (Lot P-1) and approsimatel}� 9 acres of Communitv Park land N•ithyin VillaQe 8 East .Acti��e Recreation site (Lot P-2) acceptable to the De��elopment Sen ices Director. Trails: 23. Prior to approval of the first Final Map, the Applicant shall obtain approval of and record an easement for public traii purposes for the segment of the Chula Vis[a Greenbelt Trail within the boundaries of Villaoe 10 on the ponion of ���iley Road and/or the Salt Creek Sewer Easement o���ned b�� the Applicant. to the satisfaction of the De��elopment Sen�ices Director. 24. The Applicant shall submit and obtain appro�•a] of trail improvement plans and shall construct all required trails fencine and signaee improvements, consistent with City aail standards �+�hen required by the De��elopment Services Director. Said improvement plans containin� Chula Vista Greenbelt Trail segments as depicted on the Villa�e ]0 Tentative � A4ap (CVT 13-04). to be located «ithin the esisting Salt Creek Se���er Easement, will include impro��ements such as fencing and signaee. Resolution 2014-239 Page No. 14 25. Prior to approval of the first Final Map for the Project, the Applicant shall prepaze and obtain approval of trail improvement plans for the 8-foot wide public Rural Trail (Greenbelt Connector Trail) located within an existing disturbed dirt road, that connects to the Chula Vista Greenbelt Trail, to the satisfaction of the Development Services Director. The Applicant shall obtain approval of and record an easement over the existing dirt road for said public rural trail to the satisfaction of the Development Services Director. 26. Prior to the approval of the fust residential building permit within the Village 10 Red Phase, as depicted on the Conceptual Phasing Plan of the Otay Ranch Village 10 SPA Plan Exhibit 39, the Applicant shall construct all Chula Vista Greenbelt Trail improvements and Rural Trail improvements, including fencing and signage consistent with City vail standards, as required by the Development Services Director. 27. The trail designated the Village Trail/Main[enance Access Road, wh�ch provides a trai] connection between Villaee ]0 and the Rural TraiVChula Vista Greenbelt Trail, depicted on the Village ]0 Tentau��e Map (CVT 13-04), shall be constructed by the Applicant concurrent with adjacent slope grading and improvements. Lands caping/W al I s/Fences: 28. Footings and �eosynthetic reinforcement grid for retaining walls and walls that may be planted shall not encroach into adjacent properties or public riehts-of-way subject to approval of the Development Services Director. 29. In place of Subdivision A4anual Conditions 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 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 Director. 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, includine a Community Facilities District (CFD) or Open Space District. A Community Facilities Disvict is the prefened financial mechanism for a maintenance district. If another financial mechanism is not fonned, the MHOA shall be responsible for the maintenance of those landscapin� 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 final determination of which improvements are to be included in the Resolution No. 2014-239 Paee No. 1� Open Space District and those to be maintained by the MHOA shall be made durino the Open Space Disvict Proceedings. The MHOA shall be strucmred to allou�anne�ation of future tentati�e map areas in the e��ent the City Engineer and De��elopment Services Director requires such annexation of future tentati�°e map areas. The h4HOA formation documents shall be subject to the appro�al of the City Attorney. c. The Applicant shall submit for Ciri's approval the CCBcR`s �rant of easements and maintenance standards and responsibility of the D4HOA's for the Open Space Areas «�ithin the Villaee Ten Project Area. The Applicant shall acknowledee that the MHOA's mainrenance of public open space. trails. etc. may expose the City to liability. The .4pplicant aorees to establish an r4HOA that will indemnif}� and hold the City harmless from any actions of che MHOA in the maintenance of such areas. d. Submit and ob[ain approval of the City Engineer and De�'elopment Services Director of a list of all facilities and other items to be maintained b}� the proposed district or MHOA. Separate lists shal] 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 A4HOA. Include a description. quantity, and cost per }�ear for the perpetual maintenance of said improvements. These lists shall include but are not limited to the followinQ facilities and impro�emen[s: y i. All facilities located on open space lots to include but not be limited to: �+�alls, fences. �+�ater fountains, liahtin� structures, paths, trails. access roads, drainage structures. and landscaping. Each open space lot shall also be broken do��n bti� the number of acres of: 1) turf. 2) irriQated. and .i) non-irrigated open space to aid in estimation of a maintenance budget thereof. ii. The proportional share of the maintenance costs of any medians and parku-ays along the applicable road«�ays as identified in the PFFP adjoinin� the de�elopment as determined bv the Cit}�Engineer. iii. All water qualitti�basins servine the Project. 30. The Applicant aarees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians. and scenic conidors alon� streets. «ithin or adjacent to the subject subdivision. 31. Applicant shall fund 2� percent of the cost to desisn and construct the pedestrian bridge proposed to be ]ocated o�°er Hunte Park�va�� between VillaQe Ten and Villaee 11 to the satisfaction of the De��elopment Ser�ices Direcror. Resolution 2014-239 Page No. 16 32. The Applicant shall submit a detailed wall/fencing plan with the Desien Review Site Plan submittal for each plannine area showing that all project walls and fences comply with the approved SPA Plan Village Design Plan, Landscape Master Plan, and other applicable City of Chula Vista requirements, to the Development Services Director for approval. Plans shall indicate color, materials, height and location of freestanding walls. retaining ��alls, and fences. The plan shall also include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, landscapine, and sidewalk improvements. 33. Prior to the approval of the first Final Map for the SPA Plan, the applicant shall annex the project area into Otay Ranch Preserve Community Facilities District No. 97-2. Improvement Area "C." 34. 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 Manager or its desi�nee at a ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch Resource Manaeement Plan. Access ro the conveyed property for maintenance purposes shall also be provide to the satisfaction of the Preseme Owner Manaeer. 35. Prior ro construction of Regional Bus Rapid Transit and/or Rapid Bus transit stations in Village Ten, as depicted on the Village 10 SPA Plan, Conceptual Public Transportation Plan. Exhibit 21, the Applicant shall obtain approval of improvement plans to the satisfaction of SANDAG, MTS, and the Development Services Director. 36. 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 — Recycline, 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 commercia] development projects to comply with the Recycling and Solid Waste Standards for central collection bin services. b. The Applicant shall desi�n each single-family lot or residence to accommodate the stora�e and curbside pickup of individual trash, recycling and green waste containers (3 total), as appro��ed for a small-quantity generator (single famil}� residential use). 37. Prior to recordation of each Final B Map, all CFD slope and open space areas shall be designated as individual lots on said final map to the satisfaction of the Development , Services Director. Resolution No. 2014-239 Paee No. 17 38. Prior to the appro��a] of the fust Final D4ap, the Applicant shall demonstrate that an}� mitieation land to be come}�ed to the Cit}� subject to a Former Used Defense Site ("FUDS") designation does not contain munitions debris or any such munitions debris has been remediated to the satisfaction of the Development Sen�ices D'uector, or, the Applicant may provide mitigation propert}� �;�ithout a FCJDS desienation ���ithin the Otay Ranch Presene of an equi�alent size in a condition acceptable to the Development Sen�ices Director. 39. Prior to the first Final n4ap. Applicant shall pro��ide a letter. if required by the De�•elopment Sen�ices Director and to the satisfaction of the Development Ser��ices Director. from the Citv of San Dieao statine that: a. The relocated City of San Diego u ater lines, as shown on the Villase 10 Tentati�°e n4ap (CVT 13-04), aze acceptable (includine the proposed fill over the existine lines): � � b. All access roads are of an acceptable alionment. grade and surface: and c. All access roads ha�e long term maintenance provisions acceptable to the City of San Dieoo. 40. Prior to appro��al of the fust Final n4ap for the Project, the Applicant shall provide the City ���ith a Villaee 10 Subarea I�4aster Plan (SAA4P) for potable, recycled. and fire flo�i� ���ater, as appro��ed by Otay �'��ater District (O�'�'D). Applicant shall aeree to participate in the pro rata share of the potable and recycled ��•ater facilities costs to satisfaction of the De��elopment Sen ices Director. 41. Prior to appro��al of the first Final A A4ap, the Applicant shall amend the Village Nine SPA Plan to reflect the re�ised boundarti� betw�een Villaee Nine boundarv and Villaee Ten boundary subject to approval of the Director of De��elopment Semices. 42. The Applicant shall process a joint use agreement between the City of Chula Vista and Citv of San Dieeo for the ne�� City of San Dieoo �vaterline for any risht-of-.��ay dedication depicted on any Final A4ap that includes the fumre relocated Citv of San Diego waterline. . 43. Prior to the first Final A4ap Applicant shall cause all unplottable easements to be quitclaimed. �. Prior to the construction of Eastlake Park�+�ay/Universit}� Dri��e Applicant shall meet and confer with the City reearding the City's anticipated schedule for grading the uni��ersity site. If the timine of the eradine of the uni��ersity site near the area of the proposed pumpine of the storm drain svstem. as shown on the Village Ten Tn4 (CVT 13-04). occurs more than one calendar vear before University gradino is planned to occur. as determined by the Citv Engineer. �pplicant shall install a storm drain under Universitv Drive so that no pumpine of storm «�ater is needed. Resolution 2014-239 Page No. 18 45. Prior to each Final Map approval Applicant shall pro��ide letters of permission to grade all off-site parcels (including slopes, roads, utilities, etc.) necessary to support each Final Map independently. 46. Prior to each Final Map approval, Applicant shall provide proof that all offsite rioht of way, drainage. sewerage and water facilities have approved and bonded impro��ement plans necessar}� to connect said Final Map to existing facilities to the satisfaction of the Development Services Direcror and City Engineer. In the case of two separa[e property owners utilizina the same plans and bonds of said improvement plans and or rights-of- ways. both property o��mers snaii provide proof in a written aoreement to; process plans, construct from the same set of plans, process as-builts, complete punch list items, and have the same bond company listing them both as principal, all to the satisfaction of the Development Services Director and City Engineer. Public Park Maintenance: 47. Prior to approval of the First Fina] B Map the Applicant shall obtain approval of the Landscape Master Plan for the Project Said Landscape Master Plan shall include the identification of a maintenance entity for public neighborhood and cominunit}� parks to the satisfaction of the Development Services Director. 48. Prior to the issuance of land development permits, including clearing or grubbing and grading and/or construction permits for the water quality/detention basins located in the Preserve area south of the Village 10 SPA Plan development area, the Applicant shall prepare and submit a landscape plan and access control plan (e.g., fencing and signaee) to ensure that the proposed facili[ies have been designed to retain the existine pre- development biological function of the area, to the maximum extent practicable. The existing pre-development condition provides foraging opportunities for raptors and an unimpeded wildlife corridor connecting Otay River Valley to Salt Creek Canyon. The landscape plan shall include native plant species complementary to the surrounding Preser��e areas and incorporate a program for routine maintenance of the basins following construction. The maintenance program shall describe, at a minimum, the entity responsible for controlling im�asive species, the maintenance activities and methods required to control invasive species, and a maintenance/monitoring schedule. This condition shall be to the satisfaction of the Otay Ranch Preserve StewardBiologist (or desienated Chula Vista POM joint staff representative) and the Development Services Direcror (or their designee). 49. "Prior to approval of the first Final Map for Village Ten, the Applicant shall obtain approval of a Land Exchange A�reement (or equivalent agreement) between the Applicant, the City of Chula Vista and/or the owner of those lots desi�nated as all or ponions of R-1, R-7. R-8, R-13, R-14, R-19a, R-19b, CPF-4 and OS-2, as applicable and as determined by the Development Sen�ices Director, to ensure transfer of those lots to the Applicant or its designee. The Land Exchange Agreement is subject to appro��al of the Chula Vista City Council. In the event that the Applicant is unable to obtain appro��al - of a Land Exchange Agreement prior to approval of the first Final Map, then the Applicant may seek appro��al of a Final Map substantially in conformance with the Villaee 10 Deferral Plan depicted on the Village 10 Tentative Map, CVT 13-04, Sheet 4a.