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HomeMy WebLinkAboutReso 2002-022 RESOLUTION NO. 2002-022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING AREA (SPA), AND SUPPORTING REGULATORY DOCUMENTS, INCLUDING VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE HOUSING PROGRAM iNVOLVING APPROXIMATELY 386.4 ACRES OF LAND KNOWN AS OTAY RANCH, VILLAGE SIX WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A," attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Otay Ranch, Village Six ("Property"); and WHEREAS, an application for adoption of the Otay Ranch Village Six Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on October 13, 1998 by The McMillin Companies ("Applicant"); and WHEREAS, the Otay Ranch Company, being joint owners of Village Six with the McMillin Companies, is a participant in the development and implementation of the Village Six SPA Plan and related documents; and WHEREAS, the application requests consideration of a Sectional Planning Area (SPA) Plan, and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving approximately 386.4 acres of land known as "Otay Ranch, Village Six" located in the north- central portion of the Otay Valley Parcel, between the future extension alignment of Olympic Parkway, La Media Road, Birch Road and State Route-125 (SR-125); and WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 98-01) has been prepared; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch, Village Six Sectional Planning Area (SPA) Plan (PCM-99-05) 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 Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. January 9, 2002, in the Council Chambers, 276 Fourth Avenue, before the Plaiming Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Village Six SPA Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations for Village Six, namely 6:00 p.m., January 22, 2002. Resolution 2002-022 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chnla Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on January 9, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second- Tier Final EIR 98-01 would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the Otay Ranch, Village Six SPA Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan, and Affordable Housing Program involving approximately 386 acres of land known as "Otay Ranch, Village Six" based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch Village Six Sectional Planning Area (SPA) Plan reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE iNVOLVED SECTIONAL PLANNING AREA. The Village Six SPA Plan and Public Facilities Financing Plan contain provisions and requirements to ensure the orderly, phased development of the Project. The Public Facilities Financing Plan specifies the public facilities required by Village Six in order for it to function properly and not become a public burden, and also the regional facilities needed to serve it. Resolution 2002-022 Page 3 C. THE PROPOSED OTAY RANCH VILLAGE SIX SECTIONAL PLANNiNG AREA (SPA) PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Village Six Sectional Planning Area (SPA) Plan are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Village Six Sectional Planning Area. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Village Six SPA Final Second-Tier Environmental Impact Report (EIR 98-01). D. iN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE iN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Otay Ranch Village Six SPA Plan involves an Elementary School (S-l), a 7.0 net acre Neighborhood Park (P-l) and two Community Purpose Facility (CPF) sites. These land uses are considered appropriate for the area, location and over-all planning for Village Six in that such uses are called for in the GDP. They have also been evaluated for their adverse land use effects on proposed surrounding development and none have been identified. The Catholic Diocese is proposing to construct a private high school in Neighborhood R-Ii. Such institutional uses require a Conditional Use Permit (CLIP) with findings prior to their construction. At such time as a CUP is applied for by the Catholic Diocese for said use, it will be evaluated against the criteria found in this finding. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Village Six SPA Plan Public Facilities Financing Plan. Resolution 2002-022 -~' Page 4 G. ANY PROPOSED COMMERCIAL DEVELOPMENT IN VILLAGE SIX CAN BE JUSTIFIED ECONOMICALLY WITHIN THE PARAMETERS SET BY THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. The location of proposed commemial development area in the Village Six SPA Plan is consistent with the goals and policies of the GDP in that the Village Core is intended to serve the residents of Village Six. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Village Six SPA plan is consistent with the approved plans and regulations applicable to surrounding areas and, therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed Village Six SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B," attached hereto and incorporated in the Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the conditions listed in Exhibit "B" 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, revoke or further condition issuance of all future building permits 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. XII. 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, provisions, 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 2002-022 Page 5 Presented by Approved as to form by Robert Leiter John M. Kaheny ,~ Planning and Building Director City Attomey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of January, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortorl~Mayor ATTEST: Susan Bigelow, City Clerk u STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-022 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of January, 2002. Executed this 22l~d day of January, 2002. Susan Bigelow, City Clerk u B20@2-022 EASTLAKE GREENS COUNTRYSIDE LOMAS VERDE VILLAGE 1 1 VILLAGE 6 FREEWAY COMMERCIAL FUTURE ~ EASTERN ' URBAN m CENTER VILLAGE 7 ~ PROJECT ( LOCATION '" CHULA VISTA PLANNING AND BUILDING DEPARTMENT PROJECT DESCRIPTION: LOCATOR P.OJECT APPLICANT: MCMILLIN OTAY RANCH LLC C ) SECTIONAL PLANNING AREA PROJECT ADDRESS: OTAY RANCH VILLAGE 6 Request: Proposed SPA Plan for Village 6 for 2,232 dwelling units on 386.4 acres for an urban village SCALE: FILE NUMBER: served by transit. NORTH No Scale PCM-99-05 h:\home\planning\DA[\locators\PCM9905,cdr 12/18/01 R2002-022 Exhibit "B" PCM-99-05: Otay Ranch Village Six SPA Plan January 9, 2002 SPA CONDITIONS OF APPROVAL FOR OTAY RANCH VILLAGE SIX 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer(s) as to any or all of the Property. 2. If any of the terms, covenants or conditions contained herein shall 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 including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 3. Developer(s) shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #98-01, for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 4. The Developer(s) shall comply with all requirements and guidelines of the City of Chula Vista including its General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Ranch Wide Affordable Housing Plan; Otay Ranch Village Six Sectional Planning Area (SPA) Plan and all supporting documents including: Village Six Village Design Plan; Village Six Public Facilities Finance Plan; Village Six SPA Parks, Recreation Open Space and Trails Plan; Village Six SPA Affordable Housing Plan and the Non- Renewable Energy Conservation Plan. 5. The Developer(s) acknowledge(s) that the City is in the process of conducting an Air Quality Improvement Plan (AQIP) Pilot Study to evaluate various transportation and energy efficient land use planning and building construction measures for new development, and that the Project area is part of that Study. The Developer(s) further acknowledge(s) that the AQIP Pilot Study will include cost effectiveness and feasibility analyses of the various measures under consideration, and will result in a Draft AQIP for the Project recommending which measures should and are to be included in the Project. 6. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning and Building allows other timing, the Draft AQIP must be considered and acted upon by the Planning Commission and City Council. The Village Six SPA Plan Conditions of Approval Developer(s) hereby agree(s) to implement the final AQIP measures as approved by the City Council, and to comply and remain in compliance with the AQIP. 7. The Developer(s) acknowledges that the City Council may from time to time modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer(s) shall be required to modify the AQIP to incorporate those new measures which are in effect at the time, prior to or concurrent with each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all furore Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. 8. The Developer(s) shall implement all mitigation measures identified in Final EIR #98-01, the Candidate CEQA Findings of Fact, for this Project and the Mitigation Monitoring and Reports Program. 9. Prior to approval of the first Final Map for Village Six, the applicant shall submit a updated and revised SPA Plan reflecting the staff revisions dated December 21, 2001 and any changes reconunended by the Planning Commission and required by the City Council including requiring a Conditional Use Permit approval for private schools by the CiW Council 10. The Developer(s) shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time, and shall enter into an agreement with the City prior to the approval of the first Tentative Map for this Project, in order to implement the provisions of the Phase 2 Resource Management Plan. 11. The Developer(s) shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve, as required by the RMP. Where an easement is conveyed, the Developer(s) shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer(s) shall convey fee title. Where fee title or an easement is conveyed, each tentative map shall be subject to a condition that the Developer(s) shall execute a maintenance agreement with the POM stating that it is the responsibility of the Developer(s) to maintain thc conveyed parcel until thc Preserve Community Facility District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. Page 2 of 12 Village Six SPA Plan Conditions of Approval 12. Improvement Area "A" of the existing Preserve Maintenance District (Community Facility District 97-2) shall include the Village 6 project area prior to the first final map. 13. The Developer(s) shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department offish and Game or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project. 14. Developer(s) acknowledge that transfer of dwelling units from one neighborhood to another within the Village Six SPA limits may be processed administratively if: a. The proposed unit count for all parcels remains within the density range(s) indicated in the General Development Plan for the land use category in which the subject neighborhoods fall; b. The proposed product types are consistent with those listed for each parcel on the Site Utilization Plan; and c. The GDP or SPA total number of dwelling units is not exceeded, whichever is more restrictive. Modifications which are not consistent with all these criteria shall require a formal SPA Plan amendment. Should such a transfer be approved, applicable statistics and maps in the Otay Ranch General Development Plan and Village Six SPA Plan shall be revised as an administrative matter without the necessity of a formal plan amendment. These limits shall be included in the Village Six SPA Plan text under the "Density Transfer" Section. 15. Developer(s) acknowledge that approval of the Otay Ranch Village Six SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the City Engineer and Director of Planning and Building, the Planning Commission or the City Council during the tentative subdivision map process. The ultimate total number of dwelling units for Village Six, resulting from more specific Tentative Map and Final Map planning and analysis, and/or the Site Plan/Design Review process, may cause a redistribution or a reduction in the number of total units as described in the Village Six SPA Plan and Otay Ranch General Development Plan. 16. The Developer(s) shall secure approval of a Master Precise Plan for the Village Six Core Area, prior to or concurrent with submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the Village Six Core as described in the Village Six SPA Plan, except as related to neighborhood R-10 which will be addressed in the Village Design Plan. Page 3 of 12 Village Six SPA Plan Conditions of Approval 17. Street cross sections shall conform to those standards contained in the Village Six SPA Plan. All other design criteria shall conform to the Otay Ranch Street Sections contained in the document entitled Design Standards and the Subdivision Manual both as amended from time to time, ("City Design Standards"). Any proposed variations from the City Design Standards, which are not addressed in the SPA Plan shall be subject to approval by the City and indicated on the appropriate tentative subdivision map. 18. As directed by the Director of Planning and Building and the City Engineer, the Developer(s) shall construct a pedestrian bridge connecting Village Six to Village Five in the vicinity of East Palomar Street crossing over Olympic Parkway at a location directed by the Directors of Planning and Building, and Public Works. The timing of the construction of said bridge shall coincide with the improvement of East Palomar Street between Olympic Parkway and the Village 6 Core. In addition, Developer(s) shall: a. Prior to approval of the first final map that triggers the construction of improvements of East Palomar Street, enter into an agreement to construct said bridge; b. Further agree to fund half of the cost of constructing the pedestrian bridge and shall cooperate with the City in order to establish, at the time of approval of the first final "B" map, a development impact fee to fund Developer(s') fair share of said bridge. The Developer shall not object to being included in said Development Impact Fee program. The Developer(s) shall be solely responsible for the construction of said bridge; and c. All elements of bridge design, including style, color, lighting, etc., shall be included in all cost calculations, said bridge design being the same as the bridge connecting Village One to Village Five over La Media Road. 19. As directed by the Director of Planning and Building and the City Engineer, the Developer(s) shall construct a pedestrian bridge connecting Village Six to Village Two in the area of the Project on the north side of Street "J" crossing over La Media Road at a location directed by the Directors of Planning and Building, and Public Works. The timing of the construction of said bridge shall be determined by the City and shall be a condition of the first Tentative Map. In addition, Developer(s) shall: a. Prior to approval of the first final map, enter into an agreement to construct said bridge; Developer(s) shall agree to fund half of the cost of constructing a pedestrian bridge connecting Village Six with Village Two over La Media Road in the vicinity of Street "J" and shall cooperate with the City in order to establish, at the time of approval of the first final "B" map, a development impact fee to fund Developer's(s') fair share of said bridge. Developer(s) shall not object to being included in said Development Impact Fee program; and Page 4 of 12 Village Six SPA Plan Conditions of Approval c. All elements of bridge design, including style, color, lighting, etc., shall be included in all cost calculations, said bridge design being the same as the bridge connecting Village One to Village Five over La Media Road. 20. Prior to the approval of the first final map, Developer(s) shall provide at Developer(s) own expense and to the satisfaction of the City Engineer a Pedestrian Bridge Development Impact Fee Report, that: 1) determines the construction cost estimate for the bridges; 2) establishes the DIF area of benefit; and 3) establishes the DIF amount. At the sole discretion of the City, the Developer(s) may submit for approval by the City Engineer an update to the existing SPA One Pedestrian Bridge Development Impact Fee Report dated November 6, 1998 that adds the Village 6 project to the area of benefit and adjusts the fee as necessary. 21. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System CNPDES) permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developers shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall be subject to review and approval by the City Engineer, and the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developers shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. Developers shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. 22. Prior to the approval of the first final map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, each Developer shall, separately and individually, enter into agreements, which shall run with each Developers' land, with the City of Chula Vista, wherein the Developer(s) agree to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for each Developers' respective portion of the Project, whether the non-compliance Page 5 of 12 Village Six SPA Plan Conditions of Approval results from any action by the Developers, any agent or employee, subcontractors, or others. The Developers' indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 23. Prior to approval of the first Tentative Map for the Project the Developer(s) shall provide a Sub Area Master Plan (SAMP) for Village Six, as approved by Otay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) shall provide the water and recycled water improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, upon request of the City Engineer the Developer(s) shall be responsible for obtaining the approval by OWD of any amendment to the Village Six SAMP in order for the Village Six SAMP to be consistent with the approved SPA Plan. 24. The Developer(s) shall pay fees or have credits applied in accordance with the City of Chula Vista ordinance or provide trunk sewer improvements to Poggi Canyon tnmk sewers as indicated in the McMillin-Otay Ranch Village 6 Sewer Study (August 23, 2001) and Overview of Sewer Service for The Otay Ranch Company Village Six (Village Six Sewer Reports) (August 2001) or as may be amended from time to time by the Developers as approved by the Director of Public Works. The Village Six Sewer Reports shall be consistent with the approved SPA Plan. The Developers shall be responsible for obtaining the approval of any amendment to the Village Six Sewer Reports in order for the Village Six Sewer Reports to be consistent with the approved SPA Plan, upon request of the City Engineer. 25. The Developer(s) acknowledge(s) that the City is in the process of developing guidelines for the preparation of required Water Conservation Plans (WCP), and is conducting a WCP Pilot Study to evaluate various water conservation measures for new development beyond those currently mandated, and that the Project area is part of that Study. The Developer(s) further acknowledge(s) that the WCP Pilot Study will include cost Page 6 of 12 Village Six SPA Plan Conditions of Approval effectiveness and feasibility analyses of the various measures under consideration, and will result in recommending which measures are to be included in the Project. 26. Prior to or concurrent with approval of the first Tentative Map for the Project, unless the Director of Planning and Building allows other timing, the Developer(s) shall have prepared, submitted and obtained the approval of the Planning Comanission and City Council of a WCP for the Project which incorporates the Pilot Study recommendations. The Developer(s) hereby agree(s) to implement the final WCP measures as approved by the City Council, and to comply and remain in compliance with the WCP. 27. The Developer(s) acknowledge(s) that the City Council may from time to time modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer(s) shall be required to modify the WCP to incorporate those new measures which are in effect at the time, prior to or concurrent with each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. 28. Developer(s) shall acknowledge and agree that the City is in the process of preparing and adopting a Citywide Parks Master Plan, and agree to comply with the provisions of said plan as adopted and as it affects facilities and other related requirements for the Project's parks. 29. The Developer(s) acknowledge and agree to comply with the provisions of the City-wide Greenbelt Trails Master Plan, currently in the process of being prepared by the City, and to modify the Project as necessary in order to comply with, and remain in compliance with, the adopted Greenbelt Trails Master Plan. 30. Developer(s) agrees to immediately relocate, at Developer(s)'s sole expense, the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement if determined necessary by the Director of Building and Parks Construction or the City Engineer. 31. The Village Six Project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of commnnity parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision 0fa 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of park improvement fees and/or dedication of land in a manner acceptable to the Director of Building and Parks Construction. 32. Developer(s) shall satisfy its community parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Page 7 of 12 Village Six SPA Plan Conditions of Approval Village Six. The location of the community parkland obligation is subject to the approval of the Director of Building and Parks Construction. 33. The Developer(s) shall install Chula Vista transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the Developer(s) shall install said improvements when directed by the City. The Developer(s), separately and individually, shall enter into (an) agreement(s) with the City prior to approval of each Developers' first map regarding Developer(s') funding of these facilities. Said transit stops shall be designed in the manner consistent with the transit stop details as described in the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and Director of Planning and Building. 34. In order to satisfy their fair-share contribution for financing the light rail transit system, the Developer(s) shall complete the following: 1) dedicate to the City the Light Rail Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the approved tentative map; 2) rough grade said LRT alignment; and 3) enter into an agreement with the City which states that the Developer(s) will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT. 35. The Developer(s) shall each enter into an agreement with the City of Chula Vista, prior to approval of each Developers' first final map, regarding the provision of affordable housing. Said agreements shall be a condition of approval of each Developers' first tentative map. Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Six Affordable Housing Plan. 36. No final "B" maps may be recorded within Village Six until such time that one or more annexable Mello-Roos District(s), or other financing mechanism approved by the elementary and high school districts to provide for the construction of needed elementary, middle and high schools, is/are established. 37. If required by the City, the Developer(s), separately and individually, shall enter into agreements with the City of Chula Vista, prior to approval of each Developers' first final "B" map within Village Six, in order to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). 38. If required by the County of San Diego, the Developer(s) shall equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer(s) shall enter into an agreement, prior to approval of the first final map, with the City which states that the Developer(s) will not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. 39. The Developer(s) shall fund the Reserve Fund as required by the Reserve Fund Program. Page 8 of 12 Village Six SPA Plan Conditions of Approval 40. The Developer(s) shall deliver to the Chula Vista Elementary School District the graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Six, prior to issuance of the 1,120th (approximately 375 students) residential building permit, irrespective of the colored phase to which said 1,120th residential building permit is issued. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 41. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer(s) shall fund 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 and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 42. The Developer(s) shall include its/their pro-rata share for maintenance of Poggi Canyon channel in an open space district formed for Village Six. 43. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 44. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Developer(s) shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 45. The Developer(s) acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single-family residential homes within Village Six. The Developer(s) understands that it is the City's intent to require the Developer(s) to focus development on the village core in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. 46. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. Page 9 of 12 Village Six SPA Plan Conditions of Approval 47. The Public Facilities Finance Plan (PFFP) for Village Six or revisions thereto shall be adhered to for the Village Six SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out of Village Six, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Six documents grant the Developer(s) an entitlement to develop as assumed in the PFFP, or limit Village Six's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Six development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future transportation phasing plan for the City of Chula Vista or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision 48. The Developer(s) shall enter into supplemental agreement(s) with the City, prior to approval of each final map for any phase or unit, whereby: a. The Developer(s) agree(s) that the City may withhold building permits for any units in Village Six if any one of the following occur: (I) When regional development threshold limits set by hhe an adopted Chula Vista transportation phasing plan have been reached, or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (2) Traffic volumes, level of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. (3) The required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed to the City's satisfaction. The Developer(s) may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City's Director of Planning and Building and the Public Works Director. The Developer(s) agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Page 10 of 12 Village Six SPA Plan Conditions of Approval Monitoring Program, have not been completed. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. b. The Developer(s) agree to defend, indemnify and hold harmless the City and its agents, officers and employees, pursuant to Section 66499.37 of the State Map Act, from any claim, action or proceeding against the City, its agents, officers or employees: (1) To attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to the Project, and; (2) As to each Developers' respective subsequent development of their portions of the Project, provided the City promptly notifies the Developer(s) of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 49. The Developer(s) acknowledge(s) its/their understanding that the City is in the process of amending its Growth Management Program and Ordinance in order to establish updated development phasing provisions necessary to ensure compliance with threshold standards. In order for the Otay Ranch Village Six Project to be consistent with the City's growth management provisions, the Developer(s) hereby agree(s) to comply with the Growth Management Program and Ordinance, as may be amended from time to time, in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of all Tentative Maps within Village Six. Page 11 of 12 Village Six SPA Plan Conditions of Approval Exhibit B - AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY L.P. AND OTAY RANCH, L.P. RELATED TO VILLAGE SIX SPA APPROVAL The Property Owner and the Developer(s) shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer(s) have each read, understood and agreed to the conditions contained in Resolution No.__., and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. __ shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer(s)'s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Property Owner Date Attachment(s) -- H:\Planning\Ota~RanchWillage_6\Exhibit A - SPA Conditions of Approval.doc Page 12 of 12