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HomeMy WebLinkAboutReso 2016-188 RESOLUTION NO. 2016-188 RESOLUTIOI�' OF THE CITY COUI�'CIL OF THE CITY OF CHULA VISTA APPROVING TEI�'TATIVE SUBDIVISION MAP CVT 1�-0007 FOR OTAY RA�\iCH PLAI���I?�TG AREA 12 FREEA'AY COMA4ERCIAL NORTH I. RECITALS l. Project Site WHEREAS. the parcel. that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference. and For the purpose of eeneral description is located in the northern portion of Plannine Area 12 of Ota�� Ranch: and 2. Project; Applications for Discretionarv Appro��al V�'HEREAS, on September 24; 201�, a dul�� verified application for a Tentati��e Subdivision Map (PCS-1�-0007) �vas filed �aith the Cih- of Chula Vista Development Services Department by Baldwin & Sons (Applicant); for the subdivision of approximateh� 36.2 acres into li lots (3 multi-familv, 2 open space. 2 hotel lots. 3 mixed use, 1 park, 1 private street. 1 remainder pazcel); and� 3. Environmental Determination W"HEREAS; the Development Sen�ices Director re��iewed the proposed project for compliance ���ith the California Environmental Quality Act and has determined that the project n�as covered in the pre��iously adopted Final Enviro�amenta( Impact Reporl for the Otay Ranch Freetiray Commercial Sectionul Planning Areu (SP.9) Plun - Plannino Area 12 (FEIR 02 -04) (SCH 719890101�4), and has determined that onh� minor technical changes or additions to this document are necessan� and that none of the conditions described in Section 1�162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the De��elopment Sen�ices Director has prepared the Second Addendum to FEIR 02-04: and 4. Plannine Commission Record on Application VIHEREAS, on August 10. 2016, a hearin� time and place was set b}� the Plannin2 Commission for said Tenta[ive Subdivision h4ap and notice of said hearine, together w�i[h its purpose, ���as ei��en by its publication in a ne���spapei of eeneral circulatio� in the Cit}�, and its mailing to propem� owners and residents H�ithin �00 feet of the e�terior boundaries of the property. at least ten (10) da��s prior to the hearine; and V�'HEREAS, a hearing at the time and place a$.ad��ertised. nameh Aueust 10. 2016, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue. ���as held before the Plannin_ Commission and said hearine �i�as thereafter closed: and Resolution No. 2016-188 Page No. 2 WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map PCS-15-0007; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-0-0 that the City of Chula Vista City Council approve the Tentative Subdivision Map CVT 15-007 for Otay Ranch Planning Area 12 Freeway Commercial North in Conjunction with PA-12 Sectional Planning Area (SPA) Plan Amendment; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the Ciry Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely September 13, 2016 at 5:00 p.m. in the Council Chambers; 276 Fourth Avenue, said hearing was thereafter closed. NOW, THERLFORE, BE IT RESOLVED that the City Council does hereby find and determine as follows: II. TENTAT[VE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan, based on the following: ]. Land Use The General Plan (GP) land use designation is Retail Commercial and Mixed Use Residential. The proposed project is consistent with these land use designation. The current Otay Ranch Generai Development Plan (GDP) designation is Freeway Commercial and Miaed Use. The proposed project is consistent with these land use designation. The existing implementing zone in Freeway the Commercial Planned Community District Regulations is FG2, which is divided into three subcategories: FG2a (Commercial Hotel) for lots H-1 and H-2; FC2b (Multi-Family Residential) for lots MF-l; MF-2; and MF-3; FC2c (Mixed Use Commercial/Multi-Family) for lots MU-1; MU-2; and MU-3; and P (Park) for lot P-1. All neighborhoods, as showm on the TM, are consistent with these designations. In total, this TM depicts 600 residential units. The subdivision desian consists of three (3) multi-family residential lots, three (3) mised-use commercial —multi-family residential lots, two (2) hotel lots, two (2) open space lots, one (1) public park, one (1) private street, and one (1) remainder parcel. Resolution No. 2016-188 Pase No. 3 The condominium subdi�ision is planned to alloti� a ma�imum of 600 residential units. The proposed project funhers the polic�� objecti��e for "Urban Villaees ` to ha��e "higher densities and mixed uses in the village cores' and to "pro�ide a wide ranse of residential housine opportunities ' ��hich promotes a blend of for-sale and for-rent housine products and a range of densities inte�rated and compatible with other land uses in the area . The proposed project H�ould support Smart GroHrth Principles, as it provides compact development oriented to pedestrians; bicyclists and vansit; and would further minimize urban sprati�l development pattems. 3. Circulation All off-site public streets required to sen�e the subdi��ision alreadv esist. The on-site public streets are designed in accordance �i�ith the Cim desien standards and/or requirements and provide for ��ehicular and pedestrian connections. 4. Economic De��elopment The proposed project results in an increase of 600 residential units. There is a provision of a wider ranee of housine options and pricine for potential home-buyers and renters in the current housing mazket. By addins these units, increased patronaee to the nearby commercial and public/quasi-public uses can be anticipated to contribute to greater economic development ���ithin Plannine Area 12 and the Cih�. The Project allows for development of multi-familv housine. The Project pro��ides home-buvers the opportunit�� to purchase homes ��ith ereater affordabilih�, reduced maintenance/utility costs, and less dependency on the automobile. a euiding principal of the Otav Ranch GDP. The proposed homes also pro��ide further vaziation in housing opportunities a��ailable to Chula Vista residents. consistent H�ith GP Objecti��e ED 2. The proposed project also fosters economic de�elopment benefits at the communit�� level bv providine for increased housine densities «ithin the same de��elopment footprint. These increased densities allo�v for infrastructure and municipal services to be provided at reduced cost per capita (more people served b�� the same municipal sen�ices). Additionally, w�ith increased housing (and population) within the same de��elopment footprint, increased densities improve the viabilitv of communit�� serving commercial and public/quasi-public uses as ���ell as altemative [ransportation modes. As a result, the proposed project may sen�e as a catalyst for small and mid-sized industries and businesses and communirv servine and neighborhood uses, consistent ti�ith GP Objectives ED 3 and ED 9. y �. Public Facilities The Project has been conditioned to ensure that all necessan� public facilities and sen�ices «�ill be a��ailable to serve the project concurrent ���ith the demand for those services. A Supplemental PFFP has been prepared to analvze the demand generated b�� 600 new residential units for public services and facilities, and the phasins needs created b�� the project. Stonn \A'ater: A Storm �4'ater Qualitv Smdy «�as prepared for the project b�- Rick Engineerine Compan��, dated A9a}� 28, 2002. and re��ised August 12. 2003 and October 4. 2002. An update letter �i�as issued b�� Rick EnRineerinR on �4arch 3. 2004. Resolution No. 2016-188 Page No. 4 which indicated that the project as adopted in April 1, 2003; and as currently configured, are substantially the same. An updated grading study was prepared by Hunsaker & Associates, dated October 7, 2014, which concluded that the proposed project w�ill not present any hydrologic concerns. The current project storm water quality conditions and proposed water qualit}� improvements are identified in three Hunsaker & Associates reports. Each report focuses on a specific area within FC-2 and includes: • The Hotel Site: Wuter Quuliry Technical Report (Mujor WOTR).for Otay Ranch Village 1?, PA-12 Wes! Resideniiul Oclober 20. 201� • The Eastem Residential area: Waler Qualiry Technical Report (Major WOTR) for Otuy Ranch Plarining Area 12 East, November 9, 201 S • The Western Residential area: Water Qualiry Tec/znical Report (Major WOTR) for Otay Ranch Vi!luge 12. PA-12 West Residenliul Decembe�• 31, 201.i Hunsaker designed the storm drain system and layout to address peak flows as well as to integrate water quality features needed to comply with the City of Chula Vista Standard Urban Stormwater Mitigation Plan (SUSMP) requirements for water quality. During the construction phase, the project is subject to the requirements of the State Water Resources Control Board (SWRCB) Order No. 99-08-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS00002 (General Construction Permit) and the modifications to the General Construction Permit Order No. 2001-046, adopted by the SWRCB. For coverage by the General Construction Permit, the project owner is required to submit to the SWRCB a Notice of Intent (NOI) to comply with the General Construction Permit, and develop a Storm Water Pollution Prevention Plan (SWPPP) describing Best Management Praetices (BMPs) to be used during and afrer construction to prevent the discharge of sediment and other pollutants in storn� water run-off from the project. Wastewater: The project is consistent with FEIR Mitigation Measures 5. 12-11 through 5. 12-13; which require the Applicant to demonstrate adequate capacity in the Poggi Canyon sewer line. The sewer technical study (Dexter 2014) demonstrates that there is adequate sewer capacity in the existing 8 inch line that serves the site. The existing 8 -inch gravity sewer line is adequate ro convey this projected total flow. Moreover, the proposed project does not require additional reaches of the Poggi Interceptor to be upgraded in the future. Potable Water Demand: As the subject matter of a GP and GPD amendment (Resolution No.2015-114), the property was included in a water supply assessment, which was approved for the project on April 1, 2015. It documents that there is an assured long term supply of water for the project. The approved water supply assessment indicated tl�e project as proposed would result in an incremental increase � of water demand of 173 acre feet beyond what was estimated in the 2010 Otay Water District Water Resources Master Plan. Resolution I�'o. 2016-188 Paee No. � 6. Environmental Element The proposed project has been re��ieN�ed in accordance with the requirements of the CEQA and it �vas determined that the project N�as covered in the pre��ioush� adopted Final Em ironmental Impact Report for the Otav Ranch Freew�av Commercial Sectional Planning Area (SPA) Plan - Plannine Area 12 ("FE1R 02-0�") (SCHr19890101�4). A V�'ater Qualit�� Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Chanse E��aluation, Sewer Ser��ice Technical Memo and Water Sen�ice Technical Memo have been prepazed, reviewed and approved by the City. The De��elopment Services Director has determined that only minor technical changes or additions to this document are necessan� and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document ha��e occurred; thereFore, the Development Sen�ice Director has prepared a Second Addendum to FEIR 02-02. 7. GroHrth Manaeement The proposed project would result in 600 new dH�elling units in Freewav Commercial North. A Supplemental PFFP has been prepared �rhich anal��zes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and sen�ices to sen�e the project. consistent Hith the City`s Qualit}� of Life Threshold Standards. In response to a change in the FC-2 District portion of the project, an anah�sis was prepazed entided Otay Ranch PA 12 — Trip Generation Re��ieti� — Re��ised by Chen- R}�an Associates, dated 201�. This report ���as the basis of the First Addendum to the EIR (FEIR). The FEIR concluded that `the FC-2 site would generate approximately 7.�06 dail} trips, H�hich is IoH�er than the entitled land use trip oeneration of approximatel�� 12.14� daily trips for the FC-2 site. Since the proposed modified land uses would eenerate less traffic than the entitled land uses. there would be no additional traffic impacts associated ���ith the proposed modifications." In conformance ���ith Cih� requirements, an anal��sis of the traffic operations on ToNm Center Dri��e ���as completed for this project (Ota�� Ranch PA 12 Free���a}� Commercial \'orth- 7raffic Operations alon� To��m Center Drive, b}� Chen-Rvan • Associates. dated March 28, 2016). The .lnalysis indicates that the trip generation for the project is sho���n in Table 1 belo�v. With a 1�% transit and mixed-use reduction, the FC-2 project w�ould aenerate approximateh� 6,164 daily trips includine 423 and »> trips durine the AI�4 and PA4 peak hours, respecti��el��. The project access is via two drivewa��s alon� To��ro Center Drive (one signalized ��ith full access at the main entrance and one signalized ���ithout northbound lefr-tum in at the hotel entrance) and one dri��e�vav alone Olympic Park���a��, bet���een To�vn Center Drive and Eastlake Parkwa�� (ri�ht-in/ri�ht-out). The analysis indicates that both intersections of To���n Center Dri��e / Olympic Park���ay and To���n Center Dm�e / To��n Center Loop ���ould continue to operate at acceptable LOS D or better ���ith addition of the project traffic. All three proposed project dri��e���a��s ���ould operate at acceptable LOS D or better under Existing Plus Project conditions. The addition of Resolution No. 2016-188 Page No. 6 project traffic would not result in any traffic impact within the project study area. The analysis also indicates that the Year 2030 geometrics of the project are adequate to accommodate the projected Average Daily Traffic (ADT). The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD) and within the Sweetwater Union High School District (SUHSD). At completion, the proposed project could generate approximately 353 students. The Developer will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 8. Ooen Space and Conservation The proposed project meets the minimum open space requirement per the Freeway Commercial SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 4.69 acres of park land. Pursuant to the Development Agreement between the Developer and the City of Chula Vista, this obligation will be met through the construction, programming and maintenance of a 2-acre enhanced urban park that is valued at ar greater than 4.69 of park. As required by Otay Ranch Resource Management Plan, the project will also convey 43.471 acres of land to the Preserve Owner Manager (POM) upon approval of the first final map. The proposed land form grading conforn�s to the City's Grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. 9. Safet}, The City Engineer, Fire and Police Departments have reviewed the proposed sabdivision for conformance with City safety policies and have detertnined that the proposal meets those standards. 10. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. 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 insure the ma�imum utilization of natural and passive heating and coo]ing opportunities. C. Pursuant to Govemment Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it 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 Citv and the available fiscal and enviroumental resources. Resolution No. 2016-188 Paee No. 7 D. The site is physicalh� suited for residential development because it is generallv le��el and is located adjacent to existine residential de��elopments. The Project conforms to al] standazds established b}� the Cit�� for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is appro�imately proportional both in nature and extent to the impact created b} the proposed de��elopment. BE IT FURTHER RESOLVED that the Cit�� Council does hereb�� appro�e the project subject to the general and special conditions set forth beloti�. III. TEI�TTATIVE MAP GENERAL CONDITIOI�S OF APPROVAL Unless otheni�ise specified or required b�� la���: (a) the conditions and Code requirements set forth belo�� shall be completed prior to the related Final Map as determined b�� the De��elopment Services Director and the City Eneineer, unless otherN�ise specified, "dedicate° means grant the appropriate easement. rather than fee title. V��here an easement is required the Applicant shall be required to pro��ide subordination of anv prior lien and easement holders in order to ensure that the Citv has a first priorit�� interest and riehts in such land unless otheni�ise excused b�� the Cin�. Vdhere fee title is eranted or dedicated to the Cit��. said fee title shall be free and cleaz of all encumbrances. unless othenvise escused bv the Citv. Should conflictine «�ordine or standards occur between these conditions of appro�al. an� conflict shall be resolved bv the Citv A9anaaer or desienee. 1. The Applicant, or his/her successors in interest. shall develop and maintain the project site in accordance H�ith the appro��ed plans, ���hich include site plans. floor plans, and ele��ation plans on file in the Planning Di��ision, the conditions contained herein, and Title 19. 2. The project shall comply with approved General Plan Amendment GPA-12-li and General Development Plan Amendment PCM-12-1�, approved Mav 26. 201�, and the Sectional Plannin� Area (SPA) Plan PCM 12-]6, appro��ed September 13 2016, and all supporting documents including but not limited to the Public Facilities Finance Plan, Pazks, Recreation, Open Space and Trails Plan, Affordable Housing Plan, Non- Rene�vable Enere�� Conservation Plan. Air Qualit}� Impro��ement Plan, Water Conservation Plan. Fire Protection Plan and the Citv of Chula Vista Standazd Tentative Map Conditions, as attached hereto and incorporated herein. 3. The Applicant shall pay in full any unpaid balance for the project. includine Deposit Account\'o. DQ169�. 4. The Applicant shall implement, to the satisfaction of the Development Sen=ices Director and the Cit�� En�ineer. the mitiaation measures identified in the Final En�ironmental Impact Report (FEIR 02-0�); Second Addendum to FEIR 02-0� and associated Resolution No. 20]6-188 Page No. 8 Mitigation Monitoring and Reporting Program (MMRP) for the project, ��ithin the timeframe specified in the MMRP. �. The CC&R's for each HOA within the project shall contain a provision that provides all new residents with an overflight disclosure document that discloses the followine information during any real estate transaction or prior to lease signing, as required by the Browm Field ALUCP: NOTICE OFAIRPORT VICINITY: This properly is presen�ly located in �he viciniry of un airport. N ilhin ti>>hat is knoH�n us un uirpo�•I in/luence areu. For thut reason, the properry muy be subjec! lo ,rome of the unnoyances or inconveniences associated�-ith proximiry Io airport operations (for exump/e: noise, vibralion, or odors). Individual sensitivi�ies to lhose unnoyunces can rury_fi•om person !o person. You may N ish to consider H-hat airpor•/ a�anoyunces, rf uny, ure ussociuted wilh Ihe property before you complete your purchase or Iease and dele�•rnine whelher Ihey are accep�able lo you. A copy of lhe above disclosure document shall be recorded with the San Diego County Recorder's Office and a conformed copy submitted to the City of Chula Vista as part of project approval. Each prospective homeowner shall sign the disclosure document confirming they have been infonned of the vicinity of the airport prior to the purchase of a home. 6. The Applicant shall obtain approval of a subsequent Final Map showing condominium ownership prior to development of condominiums within any Planning Area proposing mixed residential/commercial or multi-family residential uses. 7. The Applicant shall construct public facilities in compliance with the Otay Ranch Free��ay Commercia] SPA Public Facilities Finance Plan (as amended from time to time) as specified in the Threshold Compliance and Recommendations Section for each public facility chapter. At the ApplicanYS request, the City Engineer and Development Services Director may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 8. Prior to the first Final Map; the Applicant shall enter into an agreement to provide funding for periods ��here project expenditures exceed projected revenues in compliance with CVMC 19.09.090. 9. The Applicant shall dedicate, with the applicable Final Map, for public use all the public streets shoN�n 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 project and as specified in Otay Ranch Freeway Commercial SPA Plan Suppleinental Public Facilities Finance Plan Table A.4 "Phasing Summary." The Applicant shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. Resolution No. 2016-188 Pa�e No. 9 10. Prior to appro��al of any Final Map showing public or private streets, the Applicant shall obtain approval of street names to the satisfaction of the Development Sen�ices Director and Citv Ensineer. 1 l. The Applicant shall notify the Cin� at least 60 da��s prior to consideration of the first Final Map b�� the Citv if any off-site rieht-of-�vay or anv interest in real propem� needed to construct or install off-site improvements cannot be obtained as required bv the conditions of approval. After said notification, the Applicant shall comph� with all requirements as set forth b�� the Cin� Engineer and De��elopment Sen�ices Director. 12. Prior to appro��al of anv Final Map, the Applicant shall present verification to the Cin� Enaineer in the form of a letter from Otay A'ater District that the subdivision ���ill be pro��ided adequate water service and long-term ��-ater storaee facilities. (Engineering, Planning) 13. Prior to approval of any Final Map or Grading Plan for the project; the Eneineer-of-A'ork shall submit and obtain approval b�� the Citv Eneineer a waiver request for all subdivision design items not specificalh� waived on the Tentati��e Map, and not conformine to adopted City standards. The Engineer-of-���ork request shall oudine the requested subdivision design deviations from adopted Cit�� standards and state that in his/her professional opinion, no safetv issues will be compromised. The ���aiver is subject to approval b�� the Citv Engineer in the City Engineer's sole discretion. 14. Prior to approval of any construction permit. the Applicant shall ensure that all emergency access roads are designed �ti�ith a Traffic Index of � and constructed out of concrete or as approved by the City Eneineer. Gradine: 1�. Grading plans that include freestanding ���alls or sound walls adjacent to 2:1 or greater slopes more than 6 feet high shall include a minimum 2 fr. wide level bench for landscaping and maintenance access adjacent to the ���all. 16. Prior to Cit}� acceptance of an�� landscaped areas, the Applican[ shall install permanent ���ater meters in accordance with the appro��ed landscape and imgation plans to the satisfaction of the De��elopment Sen�ices Director. 17. Prior to issuance of any 2rading permit the Applicant shall ensure that all earthwork shall balance to the satisfaction of the Development Sen�ices Director and the Cit}� Eneineer. 18. Prior to the issuance of anv construction or erading permit ���hich impacts off-site propem. the Applicant shall deli��er to the Citv. a notarized letter of permission to construct or erade and drain for all off-site aradine. 19. Prior to issuance of an�� eradino or construction permit based on plans proposine the creation of do��n slopes adjacent to public or pri�-ate streets. the Applicant shall obtain the Citv En�ineers appro��al of a stud� to determine the necessity of pro��iding guardrail Resolurion No. 2016-188 Page No. ]0 improvements at those locations. The Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City �ngineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standazds to the satisfaction of the City Engineer. 20. The Applicant shall ensure that all private lot drainage and slopes comply with the current building code used by the City of Chula Vista. 21. Prior to the first Final Map or grading permit far the project, the Applicant shall enter into an agreement ���ith the off-site propeRy owner to maintain and repair any erosion caused by the project on any off-site property to the satisfaction of the Director of Development Services. Parks: 22. The Applicant shall offer for dedication, with the appropriate Final Map(s), for public use, the 2.0-acre park site identified in the SPA plan and Tentative Map. 23. The Applicant shal] remove all easements and encumbrances of the park site prior to acceptance of parkland by the City. Preserve Open Space 24. Prior to the approval of the first Final Map for the SPA Plan; the Applicant shall annex the project area to Otay Ranch Preserve Community Facilities District No. 97-2. 25. Prior to recordation of any 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 L 188 acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each Tentative Map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the Preserve Owner Manager stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance responsibilities. The Applicant shall maintain and manage the offered conveyance property consistent with the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve Community Facilities District No. 97-2 has generated sufficient revenues to enable the Preserve Owner Manager to assume maintenance and management responsibilities. Other 26. Prior to issuance of the first building permit ar other discretionary permits for mixed use; multi-family; or other non-residential developments �vitl�in the project site, the Applicant shall comply �i�ith applicable provisions of Municipal Code Section 8.24 - Solid Waste and Litter, and Section 8.2� — Rec}�cling. related to de��elopment projects. to the Resolution No. 2016-188 Pase I�To. ll satisfaction of the Department of Public A'orks. En��ironmental Services Di��ision. These requirements include. but aze not limited to the following design requirements: a. The Applicant shall design mixed-use, multi-family apartments, and commercial development projects to comph� ���ith the Recvding and Solid Waste Standards for central collection bin services and/or ro accommodate the storaee and curbside pickup of indi��idual trash, rec��cling and sreen waste containers (3 total); as appro��ed for a small-quantity generaror, to the satisfaction of the Director of Public Works and the N'aste Manasement Manaeer. The follo�a�ing on-going conditions shall apply to the project site as lon2 as it relies on this approval: l. Approval of this request shall not wai�e compliance with an�� sections of the Chula Vista Municipal Code nor an}� other applicable Cit�� Ordinances in effect at the time of buildine permit issuance. 2. The Propert�� O��mer and Applicant shall and do agree to indemnifi-, protect, defend and hold harmless City, its Cit�� Council members, officers, employees and representati��es, from and aeainst an�� and all liabilities. losses. damaees. demands, claims and costs. including court costs and attomey's fees (collectivel���liabilities) incurred by the Ciri� arisine, directiv or indirecdv, from (a) City's appro��al of this tentati��e map and (b) City's approval or issuance of am� other permit or action, �vhether discretionan� or non- discretionary, in connection with the use contemplated on the project site. The Propem� O��ner and Applicant shall acl;nowledge their aereement to this pro��ision bv executine a copy of this resolution ���here indicated belowyThe Property Owmers and Applicant's compliance �vith this pro��ision shall be bindino on am� and all of the Propert}� ONroer-s and Applicant's successors and assigns. 3. All of the terms, covenants and conditions contained herein shall be bindine upon and inure to the benefit of the heirs, successors, assigns and representati��es of the Developer as to an�� or all of the property. 4. The Appiicant shall comply ���ith all requirements and euidelines of the City of Chula Vista General Plan; the Cit}�`s Gro�+2h Manasement Ordinance; Chula Vista Landscape Manual. Chu1a Design Plan; Otay Ranch General Development Plan. Otay Ranch Resource Manaeement Plan. Phase 1 and Phase 2: Ranch Wide Affordable Housine Plan: Otav Ranch Overall Desien Plan: Ota�� Ranch Free���a�� Commercial Sectional Plannine Area (SPA) Plan and supporting documents indudino: Public Facilities Finance Plan and supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing Plan and the NomRene���able Enera�� Consen�ation Plan as amended from time to time. unless specificallv modified bv the appropria[e department head, �aith the approval of[he Ciri Manager. These plans ma�� be subject to minor modifications bv the appropriate depanment head. ��ith the appro��al of the Cih� Alanaser; ho���e��er, any material modifications shall be subjec[ to appro��al b�� the City Council. Resolution No. 2016-188 Page No. 12 5. If anv of the terms. co��enants or conditions contained herein shall fail to occur or if thev 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 shal] have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that aze derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damases for their violation. The applicant shall be notified ]0 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. 6. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attomey's fees, arising from challenges to the Supplemental Environmental Impact Report (SEIR-12-01) and subsequent environmental review for the project and any or all entitlements and approvals issued by the City in connection with the project. 7. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (PCM 12-16) as may be amended from time to time. IV. 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 comp]ies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planninb, zoning, grading, or other similar application processing fees or sen�ice fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similaz to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. EXECUTION AI�'D RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. 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/or Applicant, and a signed, stamped copy returned to the City`s Development Services Department Failure to retum the sisned and stamped copy of this recorded document within ]0 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the correspo�ding application for building permits and/or a business license, be held in abeyance without approval. Resolution No. 2016-188 Paee No. 13 /0/7 /� � �enature of Propem� Owner Date /��� 16 Sign mre of Applicant Date VI. CONFORMAI�'CE A'ITH CITY SUBDIVISION MAI�tUAL The Citv Council does hereby find that the Project is in conformance with the Citti� of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zonine Ordinance. VII. II�'VALIDITY: AUTOMATIC REVOCATIO\' It is the intention of the Cit�- Council that its adoption of this Resolution is dependent upon the enforceabilit�= of each and even� term. pro�ision, and condition herein stated; and that in the e��ent that an�� one or more terms, pro�isions, or conditions are determined bv a Court of competent jurisdiction to be invalid, illegal, or unenforceable. this resolution and the permit shall be deemed to be automaticall�� re��oked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does herebv approve Tentative Subdi��ision Map CVT-l�-0007 for Otay Ranch Planning Area 12 Free���a}� Commercial NoRh in conjunction ���ith PA-12 SPA Plan Amendment. Presented by Approved as to Form b�� �� � � ��� Kell�� . roushton, FASLA Glen R. Gooains � � Director of Development Services Ci , tto ey Resolution No. 2016-188 Page No. 14 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 13th day of September 2016 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, McCann, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Miesen � Mary las, Mayor ATTEST: Donna R. Norris, C, Cit}� Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2016-188 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of September 2016. Executed this 13th day of September 2016. � Donna R. 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