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HomeMy WebLinkAboutItem 1-C Draft PC Reso PCS 13-04RESOLUTION NO. PCS -13 -04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE MAP CVT -13 -04 (PCS- 13 -04) FOR THE OTAY RANCH VILLAGE TEN PROJECT WHEREAS, the area of land, which is the subject of this Resolution is diagrammatically represented in Exhibit "A" which is incorporated into the Resolution by this reference, and for the purpose of general description consists of approximately 363.4 acres (APN # 644 - 080 -17 -00 and a portion of 644 - 090- 03 -00) (Project Site); and WHEREAS, on December 21, 2011, a duly verified application requesting approval of a Tentative Subdivision Map Chula Vista Tract No. 13 -04 (PCS- 13 -04) was filed with the City of Chula Vista Development Services Department by SSBT LCRE V, LLC (the "Applicant" and "Owner "); and WHEREAS, said Applicant requests approval 4 a Tentative Map to subdivide approximately 363.4 acres into parcels for the development of 695 single - family residential units, and 1,045 multi- family units, (the "Project ") on said Project Site; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore the Village Ten Sectional Planning Area and Tentative Map is addressed in Environmental Impact Report EIR -13 -01 which the Planning Commission considered; and WHEREAS, the Development Services Director set the time and place for a hearing by the City of Chula Vista Planning Commission on 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 boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 19, 2014, in the Chula Vista City Council Chambers, 276 Fourth Avenue before the Planning Commission, and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council approve Tentative Map CVT -13 -04 (PCS- 13 -04) for the Otay Ranch Village Ten Project. BE IT FURTHER RESOLVED that a copy 'of this Resolution be transmitted to the City Council. —270— PCS 13 -04 November 19, 2014 Page -2- Presented by: Approved as to form by: Kelly Broughton, FASLA tJllal lam• - -b.— Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of November 2014, by the following vote, to -wit: AYES: NOES: ABSENT: ATTEST: Patricia Laughlin, secretary —271— Yolanda Calvo, Chairperson CITY COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING, TENTATIVE MAP CVT -13 -04 (PCS- 13 -04) FOR THE OTAY RANCH VILLAGE TEN PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN I. RECITALS WHEREAS, 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 general description consists of 363.4 acres, and identified in County Assessor Records as APN # 644 - 080 -17 -00 and a portion of 644 - 090- 03 -00, (Project Site); and WHEREAS, on December 21, 2011, a duly verified application requesting approval of a Tentative Subdivision Map (PCS- 13 -04), Chula Vista Tract No. 13 -04 (Tentative Subdivision Map), which preceded the January 3, 2012 duly verified application requesting approval of the Sectional Plan Area (SPA) Plan (PCM- 12 -01), which followed the duly verified applications for General Development Plan (PCM- 09 -28) (GDP), and General Plan Amendment (GPA- 10 -02), all of which were filed with the City of Chula Vista Development Services Department by SSBT LCRE V, LLC (the "Applicant" and "Owner "); and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Otay Ranch University Villages Project Environmental Impact Report (EIR) No. 13 -01, SCH #2013071077 (EIR- 13 -01); and WHEREAS, the development of the Project Site has been the subject matter of General Plan Amendment GPA- 10 -02, and the Otay Ranch General Development Plan Amendment GDPA- 09 -28, previously approved by the City Council on December 2, 2014, by Resolution No. 2014 - wherein the City Council, in the environmental evaluation of said GPA/GDPA, relied on the Otay Ranch University Villages Project EIR- 13 -01; and WHEREAS, on December 2, 2014, the Applicant obtained approval of the Otay Ranch Village Ten Sectional Planning Area (PCM 12 -04) establishing the pattern of land uses and circulation, policies to guide the development of the Project Site, and establishing the zoning for the property, wherein the City Council, in the environmental evaluation of said Sectional Planning Area, reviewed, considered and certified Final EIR -13 -01 (FEIR- 13 -01) and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution No. EIR- 13 -01; and WHEREAS, the Applicant requests approval of a Tentative Map to subdivide 363.4 Acres into parcels supporting up to 695 single - family residential units, and 1,045 multi - family residential units, (the "Project ") on said Project Site; and WHEREAS, a hearing 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 —272= Resolution No. 2014 - Page 2 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 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, 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 WHEREAS, immediately prior to this action, the City Council reviewed and certified FEIR- 13-01 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution No. EIR- 13 -01. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on November 19, 2014, including their vote, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. 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 FEIR -13 -01 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program by Resolution No. EIR- 13 -01. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for the Project, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use and Circulation The Project is consistent with and implements the Otay Ranch Village Ten SPA Plan by establishing developable parcels, public improvements and public facilities that —273— Resolution No. 2014 - Page 3 will create a mixed -use Town Center and other complementary land uses, including community purpose facilities, public schools and parks, and residential neighborhoods that offer a variety of housing types and densities. The Mixed Use Urban Village would be comprised of integrated potential commercial and residential uses that would encourage use of alternative modes of transportation and reduce reliance on the automobile. The Project will be designed to encourage residents to utilize alternative modes of transportation such as the Bus Rapid Transit (BRT) service, local bus service, the SR -125 Village Pathway Bridge, sidewalks, trails, and bicycle lanes. The Project has been designed to include a vehicle circulation system that complies with the requirements of the City of Chula Vista's General Plan, Otay Ranch General Development Plan and Otay Ranch Village Ten SPA Plan. The circulation system includes a hierarchy of streets, each providing accommodations for pedestrian walkways and bicycle ways. Reduced lane widths and bulb -outs at intersections will enhance pedestrian comfort and safety. The construction of the circulation system will be phased in accordance with the Village Ten SPA's Public Facilities Financing Plan (PFFP), such that the development of the circulation system will precede planned growth and maintain acceptable levels of service, as required by the City's Growth Management Program. 2. Economic Development The Project will contribute to the economic base of the City by providing a mixed use Village Core with a street grid system, and Residential districts that will provide for a range of multi - family residential product types that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. Approval of the Project will help achieve the General Plan objectives that seek to promote a variety of housing opportunities. The Village Ten development pattern responds to adjoining development areas that contain additional opportunities for synergy with adjacent employment areas such as the university innovation district and eastern urban center designated areas thereby enhancing the City's jobs/housing balance, providing a diverse economic base, and encouraging the growth of small businesses. Public Facilities and Services To fulfill educational needs of students residing in Village Ten, one elementary school site totaling 9.2 gross acres have been reserved as described in the PFFP for acquisition by the Chula Vista Elementary School District. The Chula Vista Elementary School District would be able to accommodate the additional students generated by the Project, and the existing schools would not-be adversely impacted by the approval of the Project. Sewer The Project Site is within the boundaries of the City of Chula Vista wastewater services area. Sewer capacity needs for the Project, in conjunction with long -term growth in the area, have been analyzed in the PFFP. Sewer capacity will be available to serve the Project subject to the PFFP requirements, which are included as Conditions of Approval for the Project. Based on these requirements, no adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the Project. —274— Resolution No. 2014 - Page 4 Parks The Project has been conditioned to dedicate parkland for a 6.6 net -acre Neighborhood 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 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. Housing The Project will provide a variety of housing types, including single -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 southeastern portion of the City. Growth 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. 6. Environmental The Project EIR -13 -01 addressed the goals and policies of the Environmental Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Resource Management Plan (RMP) requires conveyance of 1.188 acres of land to the Otay Ranch Preserve 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 Conservation Plan (MSCP) open space preserve lands prior to recordation of each Final Map. The Project is therefore consistent with the requirements of the Otay Ranch RMP and MSCP Subarea Plan. —275— Resolution No. 2014 - Page 5 B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to ensure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for development because it will be developed in conformance with the Otay Ranch Village Ten SPA Plan and EIR- 13 -01, which contain provisions to ensure that the site is developed in a manner that is consistent with the standards 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 City's police powers and evidence provided by the record of the proceedings of EIR- 13 -01. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow this procedure in a timely manner will bar any subsequent legal action to attack, set aside, void or annul imposition. The right to protest. the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive 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 have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of'recordation to the City Clerk. Failure to record this document shall indicate the property owner and Applicant's 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. —276— Resolution No. 2014 - Page 6 Signature of Applicant Date Signature of Property Owner Date VII. 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 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, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be 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. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the Findings contained herein and subject to the Conditions of Approval set forth in Exhibit "2" attached hereto and incorporated herein by this reference. Presented by: Kelly Broughton, FASLA Director of Development Services -277- Approved as to form by: Glen R. Googins City Attorney Resolution No. 2014 - Page 7 EXHIBIT "1" (T NOT TO SCAU -278 - Sffg ary Resolution No. 2014 - Page 8 Exhibit "2" - Village Ten Tentative Map Conditions TENTATIVE MAP CONDITIONS OF APPROVAL GENERAL /PLANNING AND BUILDING Unless otherwise specified or required by law: (a) the conditions and Chula Vista Municipal Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise waived by the City Manager or his /her designee. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 2. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. 3. The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 13 -04, generally located south of the future university site. 4. The Project shall comply with approved General Plan Amendment GPA -10 -02 and General Development Plan Amendment PCM -09 -28 approved December 2, 2014, the Sectional Planning Area (SPA) Plan PCM- 12 -01, approved December 2, 2014 and all supporting documents including but not limited to the Public Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Affordable Housing Plan and Non - Renewable Energy Conservation Plan, and the City of Chula Vista Standard Tentative Map Conditions as outlined in the Subdivision Manual and incorporated herein. 5. The Applicant shall implement, to the satisfaction of the Development Services Director and the City Engineer, the associated Mitigation Measures and associated Mitigation Monitoring and Reporting Program (MMRP) identified in the Final Environmental Impact Report (EIR- 13 -01: SCH No. 2013071077) for Amendments to the Chula Vista General Plan (GPA- 10 -02), Amendments to the Otay Ranch General Development Plan (PCM- 09 -28), the Sectional Planning Area Plan (SPA Plan) (PCM- 12 -01) for the Village Ten Project, and the Tentative Map for the Village Ten Project (CVT- 13 -04), within the timeframe specified in the MMRP. 6. The CC &R's for each Homeowners Association (HOA) within the Village Ten project shall contain a provision that provides all new residents with an overflight notification disclosure document that discloses the following information during any real estate transaction or prior to lease signing, as, required by the Brown Field Airport Land Use Compatibility Plan (ALUCP): NOTICE OF AIRPORT IN VICINITY: This property is presently located 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 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 —279— Resolution No. 2014 - Page 9 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 County of San Diego County Recorder's Office as part of project approval. Each prospective homeowner shall sign the disclosure document confirming 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 applicant's 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. 3. 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 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.5 "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 showing 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 Subdivision 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 real property needed to construct or install offsite improvements cannot be obtained as required by the Conditions of Approval. After said notification, the Applicant shall comply with the requirements set forth in Subdivision Manual Condition 40. 11. Prior to the approval of the Final Map for Planning Areas adjacent to R -3, R -5, R -17a, R- 17b, or R -17c, provide an off -site fuel management program per Section 4.1.2 "Other Vegetation Management" of the Fire Protection Plan, and CVMC Chapter 15.38- "Urban Wildland Interface Code." The Program shall establish the obligations for fuel management that apply to each of the Planning Areas and adjacent off -site properties, including required fuel management zones adjacent to structures, consent from affected off -site property owners, and other applicable requirements to the satisfaction of the Fire Marshal and Development Services Director. The program requirements shall be satisfied prior to the delivery of combustible material to the site, to the satisfaction of the Fire Marshal. 12. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program (RFP). Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the —280— Resolution No. 2014 - Page 10 funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to the GDP /SRP, as amended from time -to -time. 13. Prior to the first Final Map, the applicant will enter into an agreement to provide funding for periods where project expenditures exceed projected revenues in compliance with CVMC 19.09.060(J). To address projected project revenue shortfalls, the Applicant shall pay a fee in the amount of $120 per dwelling unit prior to building permit issuance, subject to Director of Development Services approval. 14. Prior to approval of the first final map authorizing dwelling units containing any parcel within the Village Core, the Applicant shall submit and obtain approval by the City of a Master Precise Plan. 15. Prior to approval of the first Final Map, the Applicant shall submit and obtain approval by the City of a Village -Wide 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: 16. The Applicant shall provide the City with evidence from the CVESD that the Village 10 school site has been determined by the district to be acceptable for school use, to the satisfaction of the Development Services Director. 17. Prior to approval of the Final Map or Design Review application that identifies the need for local public transit 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 satisfaction 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 City of Chula Vista ( "Waterline Agreement ") and as depicted on the Village 10 Tentative Map (CVT 13 -04) to replace the existing City of San Diego waterlines located 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. -281- Resolution No. 2014 - Page 11 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 City of San Diego waterlines within Village Ten and entered into a Joint Use Agreement for the new location of the facility within the City of Chula Vista right -of -way of future Otay Valley Road. Submit grading and improvement plans for the 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 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 attorneys' 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. 19. Construct the new City of San Diego waterline within Village 10, between the eastern and western project boundary, per the Waterline Agreement and as depicted on the Village 10 Tentative Map (CVT 13 -04), prior to the Final Map approving the 580th Residential Dwelling Unit (Single - Family and/or Multi- Family Residential) for Village Ten. Affordable Housing: 20. Prior to approval of the first Final Map for the Project, the Applicant shall enter into a Balanced Communities Affordable Housing Agreement, in compliance with applicable City and State of California regulations' *: This agreement shall identify potential affordable housing sites, schedules and the following building permit threshold requirements described in the Affordable Housing Plan: (1) prior to the City's issuance of the 870th building permit within Village Ten, Applicant shall commence construction of the Initial Phase of the low and moderate - income housing units, and (2) prior to the City's issuance of the 1,305th building permit, Applicant shall commence construction of the remainder of required low and' moderate - income housing units. "Initial Phase" shall mean 60% of the total number of qualified low and moderate - income housing units. Water Quality: 21. Applicant shall agree to remain in compliance with the City's Storm Water Manual, as determined by the Development Services Director. —282— Resolution No. 2014 - Page 12 Parks: 22. Prior to approval of the first Final Map for the Project, the Applicant shall provide the City with an Irrevocable Offer of Dedication (IOD) for the neighborhood park site (Lot P -1) and approximately 9 acres of Community Park land within Village Eight East Active Recreation site (Lot P -2) acceptable to the Development Services Director. Trails: 23. Prior to approval of the first Final Map, the Applicant shall obtain approval of and record an easement for public trail purposes for the segment of the Chula Vista Greenbelt Trail within the boundaries of Village 10 on the portion of Wiley Road and /or the Salt Creek Sewer Easement owned by the Applicant, to the satisfaction of the Development Services Director. 24. The Applicant shall submit and obtain approval of trail improvement plans and shall construct all required trails fencing and signage improvements, consistent with City trail standards when required by the Development Services Director. Said improvement plans containing Chula Vista Greenbelt Trail segments as depicted on the Village 10 Tentative Map (CVT 13 -04), to be located within the existing Salt Creek Sewer Easement, will include improvements such as fencing and signage. 25. Prior to approval of the first Final Map for the Project, the Applicant shall prepare 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 first 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 trail standards, as required by the Development Services Director. 27. The trail designated the Village Trail /Maintenance Access Road, which provides a trail connection between Village 10 and the Rural Trail /Chula Vista Greenbelt Trail, depicted on the Village 10 Tentative Map (CVT 13 -04), shall be constructed by the Applicant concurrent with adjacent slope grading and improvements. Landscaping /Walls /Fences: 28. Footings 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 Services Director. 29. In place of Subdivision Manual 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 —283— Resolution No. 2014 - Page 13 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, including 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 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 Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Development Services Director requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney. c. The Applicant shall submit for City's approval the CC &R's grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Village Ten Project Area. The Applicant shall acknowledge that the MHOA's maintenance of public open space, trails, etc. may expose the City to liability. The Applicant agrees to establish an MHOA that will indemnify and hold the City harmless from any actions of the MHOA in the maintenance of such areas. d. Submit and obtain approval of the City Engineer and Development Services Director of a list of all facilities and other items to be maintained by the proposed district or MHOA. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District or some other financing mechanism and those to be maintained by the MHOA. Include a description, quantity, and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 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) turf, 2) irrigated, and 3) 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 parkways along the applicable roadways as identified in the PUP adjoining the development as determined by the City Engineer. iii. All water quality basins serving the Project. —284— Resolution No. 2014 - Page 14 30. The Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians, and scenic corridors along streets, within or adjacent to the subject subdivision. 31. Applicant shall fund 25 percent of the cost to design and construct the pedestrian bridge proposed to be located over Hunte Parkway between Village Ten and Village 11 to the satisfaction of the Development Services Director. 32. The Applicant shall submit a detailed wall /fencing plan with the Design Review Site Plan submittal for each planning 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 walls, and fences. The plan shall also include details such as accurate dimensions, complete cross - sections showing required walls, adjacent grading, landscaping, 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 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 conveyed property for maintenance purposes shall also be provide to the satisfaction of the Preserve Owner Manager. 35. Prior to 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 — 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 - quantity generator (single family 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. —285— Resolution No. 2014 - Page 15 38. Prior to the approval of the first Final Map, the Applicant shall demonstrate that any mitigation land to be conveyed to the City 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 Services Director, or, the Applicant may provide mitigation property without a FUDS designation within the Otay Ranch Preserve of an equivalent size in a condition acceptable to the Development Services Director. 39. Prior to the first Final Map, Applicant shall provide a letter, if required by the Development Services Director and to the satisfaction of the Development Services Director, from the City of San Diego stating that: a. The relocated City of San Diego water lines, as shown on the Village 10 Tentative Map (CVT 13 -04), are acceptable (including the proposed fill over the existing lines); b. All access roads are of an acceptable alignment, grade and surface; and c. All access roads have long term maintenance provisions acceptable to the City of San Diego. 40. Prior to approval of the first Final Map for- the Project, the Applicant shall provide the City with a Village 10 Subarea Master Plan (SAMP) for potable, recycled, and fire flow water, as approved by Otay Water District (OWD). Applicant shall agree to participate in the pro rata share of the potable and recycled water facilities costs to satisfaction of the Development Services Director. 41. Prior to approval of the first Final A Map, the Applicant shall amend the Village Nine SPA Plan to reflect the revised boundary between Village Nine boundary and Village Ten boundary subject to approval of the Director of Development Services. 42. The Applicant shall process a joint use agreement between the City of Chula Vista and City of San Diego for the new City of San Diego waterline for any right -of -way dedication depicted on any Final Map that includes the future relocated City of San Diego waterline, 43. Prior to the first Final Map Applicant shall cause all unplottable easements to be quitclaimed. 44. Prior to the construction of Eastlake Parkway/University Drive Applicant shall meet and confer with the City regarding the City's anticipated schedule for grading the university site. If the timing of the grading of the university site near the area of the proposed pumping of the storm drain system, as shown on the Village Ten TM (CVT 13 -04), occurs more than one calendar year before University grading is planned to occur, as determined by the City Engineer, Applicant shall install a storm drain under University Drive so that no pumping of storm water is needed. 45. Prior to each Final Map approval Applicant shall provide letters of permission to grade all off -site parcels (including slopes, roads, utilities, etc.) necessary to support each Final Map independently. —286— Resolution No. 2014 - Page 16 46. Prior to each Final Map approval, Applicant shall provide proof that all offsite right of way, drainage, sewerage and water facilities have approved and bonded improvement plans necessary to connect said Final Map to existing facilities to the satisfaction of the Development Services Director and City Engineer. In the case of two separate property owners utilizing the same plans and bonds of said improvement plans and or rights -of- ways, both property owners shall provide proof in a written agreement 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 Final 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 community 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 signage) to ensure that the proposed facilities have been designed to retain the existing 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 Preserve 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 invasive 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 Steward/Biologist (or designated Chula Vista POM joint staff representative) and the Development Services Director (or their designee). 49. "Prior to approval of the first Final Map for Village Ten, the Applicant shall obtain approval of a Land Exchange Agreement (or equivalent agreement) between the Applicant, the City of Chula Vista and/or the owner of those lots designated as all or portions 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 Services Director, to ensure transfer of those lots to the Applicant or its designee. The Land Exchange Agreement is subject to approval of the Chula Vista City Council. In the event that the Applicant is unable to obtain approval of a Land Exchange Agreement prior to approval of the first Final Map, then the Applicant may seek approval of a Final Map substantially in conformance with the Village 10 Deferral Plan depicted on the Village 10 Tentative Map, CVT 13 -04, Sheet 4a. —287—