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HomeMy WebLinkAboutItem 5 - Attch 11 - Draft CC Tent Map ResoRESOLUTION NO. 2016 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT -16-02 (PCS 16-0002) FOR THE OTAY RANCH VILLAGE 3 NORTH AND A PORTION OF VILLAGE 4 PROJECT, SUBJECT TO THE CONDITIONS CONTAINED HEREIN L RECITALS WHEREAS, the parcels of land which are the subject matter of this Resolution are depicted in Exhibit 1, attached hereto and incorporated herein by this reference and for the purpose of general description are located in the northern portion of Otay Ranch Village 3 (Project..Site); and WHEREAS, on December 2, 2014, the Otay Ranch Village 3 North and a Portion of Village 4 Sectional Planning Area (Village 3 SPA) plan was approved (Resolution 2014-234), modifying policies to guide the development of the Project Site, a pattern of land uses and circulation, and zoning for the property. Additionally, City Council, in the environmental evaluation of the Village 3 SPA, reviewed, considered and certified the Final EIR (FEIR 13-01) and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation and Monitoring and Reporting Program, for the project; and WHEREAS, in early 2016, duly verified concurrent applications were filed with the City of Chula Vista by HomeFed Village III Master, LLC (Applicant) requesting amendments to the Chula Vista General Plan (CVGP), the Otay Ranch General Development Plan (GDP), and the Village 3 North and a Portion of Village 4 Sectional Planning Area (Village 3 SPA) Plan, and an Addendum to the Final Environmental Impact Report (FEIR 13-01) for the Village 3 project; and WHEREAS, on March 24, 2016, a duly verified application was submitted requesting approval of a Tentative Subdivision Map (PCS -16-0002) for Chula Vista Tract No. 16-02, to implement the proposed land use changes and subdivide 436.0 acres into parcels supporting up to 1,002 single-family residential units, 5.95 multi -family residential units, approximately 37.6 acres of industrial and office uses, and a minimum of 20,000 square feet of retail uses (the "Project") for Village 3; and WHEREAS, the Applicant held a duly noticed Community Meeting at bpm on October 5, 2016, in the Public Works Lunch Room at 1600 Maxwell Road, Chula Vista; 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 is substantially covered in the previously adopted FEIR 13-01 (SCH #2013071077), that only minor technical changes or additions to this document are necessary, and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation Attachment 11 Resolution No. 2016 - Page No. 2 of a subsequent document have occurred; therefore, the Development Services Director has caused the preparation of an Addendum to FEIR 13-01 (PERI 6-0001) for consideration; and WHEREAS, the Development Services Director set the time and place for a Planning Commission hearing 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 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 4, 2106, the Planning Commission took public testimony, heard staff's presentation, and thereafter closed the hearing; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the Tninutes and Resolution resulting therefrom, are incorporated in the record of this proceeding; and WHEREAS, the City Clerk set the time and place for the hearing on the Project application 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 to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same; and WHEREAS, immediately prior to this action, the City Council considered the Addendum to FEIR 13-01. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: II. 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 Chula Vista General Plan and associated regulatory documents, based on the following: 1. Land Use and Transportation Resolution No, 2015 -XXX Page No. 3 General Plan General Dev Plan SPA Plan Residential Medium Medium Density Residential Single family 4 (SF -4) — permits densities < 1 I units/acre; Residential Multi -Family One (RM-1)—permits densities of 1I-18 units/acre including small lot SF, alley homes, duplexes, townhouses, rowhouses, courtyard/clusters, and stacked fiats Residential Medium Medium High Density Residential Multi -Family Two High Residential (RM -2) — permits densities > 18 un its/acre Mixed Use Mixed Use Mixed Use/Residential (MU -1) Residential —neighborhood commercial with residential above Professional & Office Office Office (0) — office and flexible Commercial usebuildings Industrial Research & Limited Industrial Industrial (1) — industrial, light manufacturing, warehousing, flexible use buildings, public utilities_ limited restaurant/retail/office oriented use Open Space Open Space Open Space I (OS -1) permits developed or usable open space and park uses, may include naturalized open space; Open Space 2 (OS -2) permits natural, undisturbed and/or restored open space w -hick is part of the Otav Ranch Preserve Parks & Recreation Parks & Recreation Parks (P) permits allowable open space and park uses including community parks, neighborhood parks, pedestrian parks, town squares and private parks Public & Quasi Public & Quasi Public Community Purpose Facility Public (CPF) The proposed project is consistent with the CVGP and GDP land use designations. It contains all the requisite land uses in accordance with the Otay Ranch Village 3 General Plan Land Use Diagram. The zones in the Project's Planned Community District Regulations are consistent with the GDP land use designations, as shown in the Otay Ranch GDP/SRP Land Use Plan. The Project is consistent with and implements the CVGP and GDP by establishing developable parcels, public improvements and public facilities that will create a mixed-use urban pedestrian village with a village core that contains complementary land uses, including community purpose facilities, a public school and parks, and residential neighborhoods that offer a variety of housing types and densities. The Mixed -Use Village Core is comprised of integrated commercial, residential and office uses, encouraging residents to utilize alternative modes of transportation such as pedestrian sidewalks and trails, and bicycle lanes. Resolution No. 2016 - Page No. 4 The Project has been designed to include a transportation system that complies with the requirements of the City of Chula Vista's General Plan, Otay Ranch General Development Plan and Otay Ranch Village 3 North and a Portion of Village 4 SPA Plan. The transportation system includes a hierarchy of streets, each providing accommodations for pedestrian walkways and bicycle ways. Reduced lane widths will enhance pedestrian comfort and safety in the Village Core, and Mixed -Use Residential districts. The construction of the transportation system will be phased in accordance with the Village 3 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 that will provide for a range of Single and Multi -family residential product types that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. The development of a business park and office components provide a strong employment base along with a mixed-use commercial/residential area. Approval of the Project will help achieve the General Plan objectives that seek to promote a variety of job and housing opportunities to improve the City's jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. 3. 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 to 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. 4. Public Facilities and 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. A Supplemental PFFP has been prepared to analyze the demand generated by the Project, and the phasing needs created by the Project. Schools - To fulfill educational needs of students residing in Village 3, an elementary school site of approximately 8.3 gross acres has been reserved as described in the PFFP for acquisition by the Chula Vista Elementary School District. The 2016 Project maintains the same mix of single family, multi -family and mixed use dwelling units as authorized in the 2014 SPA and therefore the Chula Vista Elementary School District would be able to accommodate the number of students generated by the Resolution No. 2016 -XXX Page No. 5 Project - 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, were analyzed in the 2014 PFFP, and a supplement to the prior evaluation was prepared based on the 2016 SPA Plan. Overall, the 2016 Project would result in a 2.8% decrease of wastewater generated. 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. Parks - The Project has been conditioned to dedicate parkland for a 7.5 net -acre Neighborhood Park and approximately 4.7 net -acres of Community Park, pursuant to the PFFP. The Project maintains the same mix of single family detached and multi- family attached dwelling units as authorized in the 2014 SPA Plan and therefore generates the same demand for public parks. However, because the Project may ultimately construct fewer units than authorized (1,597 units are authorized, but only 1,270 of those units have been allocated. The remaining 327 unallocated units may be developed at a later date or transferred to another village), the demand for public park land based on the decreased build -out of Village 3 has been prepared. Should the unallocated units be built in Village 3, a new map would be required, and parkland obligations and other impacts would be fulfilled at such time. The Project must comply with the requirements and FEIR Mitigation Measures identified in the 2014 PFFP. 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 revisions to the Village 3 SPA Plan for conformance with City safety policies and have determined that the proposal generates the same demand and therefore continues to meet 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. 6. Environmental The Project FEIR-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. Only minor technical changes or additions to the FEIR are necessary as a result of the SPA amendment, and none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Services Director has caused the preparation of an Addendum to FEIR 13-01 for consideration. 7. Growth Management Resolution No. 2016 - Page No. 6 The Project is in compliance with applicable Growth Management Element requirements according to the Supplemental PFFP that has been prepared as required by the Growth Management Ordinance. The PFFP requirements have been included in the Project's Conditions of Approval. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that 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-xesources. D. Pursuant to Government Code Section 66474 (a) -(g) of the Subdivision Map Act, the City Council finds that the proposed project: Is consistent with applicable general and specific plans as specified in Section 65451. Applicant proposes to amend very limited portions of the CVGP to facilitate impleztaentation of the development plan for Otay Ranch Village 3. With the proposed amendments, the Village 3 project will remain consistent with the Chula Vista General Plan land use, transportation, economic development, housing, public facilities and services, environmental and growth management objectives and policies. The proposed amendments are to CVGP land use designations for the site, including: the addition of Residential Medium High; the removal of Residential Low Medium; the conversion of Mixed Use Commercial to Mixed Use (to allow a mix of residential and commercial within the Village Core), and the conversion of a portion of the Mixed Use Commercial to Professional & Office. The proposed Village 3 plan remains compatible with the general and specific plans for the area, and the land uses are compatible with the CVGP land use designations. 2. Design or improvement is consistent with applicable general and specific plans. The General Plan establishes the vision for the eastern part of the City, and the Village 3 SPA Plan defines the land use character and mix of uses, design criteria, circulation system, and public infrastructure requirements for the project. The Tentative Map is consistent with the general and specific plans. 3. Site is suitable for the proposed density of development. The project's proposed zoning amendments (Planned Community District Regulations) support the design of a viable mixed use village core that will create a strong sense of place for residents of Village 3 and surrounding communities. The densities are in accordance with the General Plan and the SPA Plan for the area. 4. Site is physically suitable for the type of development. The project is surrounded by Village 2 (another mixed use community) to the north, future Village 4 (mixed use community) and Preserve to the east, Village 3 South and Preserve to the south Resolution No. 2016 -XXX Page No. 7 (across the future realignment of Main Street), and the landfill to the west. Village 3 is designed to be compatible with the surrounding community. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project has been designed to provide a landscaped buffer for the surrounding Preserve land and to comply with CEQA, the relevant sections of the Multiple Species Conservation Program, and the Otay Valley River Park plans which regulate development in the area. 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the project has been designed to provide quality open space and parkland, as well as trail connections within the community and to adjacent neighborhoods. Adjacency to the Otay Landfill has been addressed by a buffer that prohibits residential development -in the vicinity of_the active fill. 7. Subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. E. The City Council finds that the site is physically suited for development because it will be developed in conformance with the amended Otay Ranch Village 3 North and a Portion of Village 4 SPA Plan and FEIR-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. F. The City Council finds that 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. 1II. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(4) (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 in a timely manner this procedure 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 Resolution No. 2016 - Page No. 8 does it revive challenges to any fees for which the Statute of Limitations has previously expired. N. INDEMNITY PROVISION The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its Ctiy Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the Cit arising, directly or indirectly, from (a) City's approval of the Project and (b) City's approval or issuance of any other permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. V. 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. 2016 -XXX. Signature of Applicant: Date: Printed Name: Signature of Property Owner: Printed Name: VII. CONSEQUENCE OF FAILURE OF CONDITIONS Date: 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 Resolution No. 2016 -XXX Page No. 9 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 and on file in the Office of the City Clerk. Presented by: Kelly G. Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney Resolution No. 2016 - Page No. 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of 20, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Mary Casillas-Salas, Mayor ATTEST: Donna R. Norris, CMC, City 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- was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the day of 20 Executed this day of 20_. Donna R. Norris, CMC, City Clerk EXHIBIT I — SITE LOCATION MAP Resolution No. 2016 -XXX Page No. 11 �.✓ �TA� 0 YAU611 RV- 7-707ea—yPench Boundary aM To SCAU Resolution No. 2016 - Page No. 12 EXHIBIT 2 - VILLAGE 3 (CVT -16-02) TENTATIVE MAP CONDITIONS TENTATIVE MAP CONDITIONS OF APPROVAL: 1. 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 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. 16-02, generally located adjacent to Main Street and adjacent to Heritage Road. 4. The Project shall comply with the General Plan Amendment (MPA16-0015), the General Development Plan Amendment (MPA16-0016), and the Sectional Planning Area (SPA) Plan Amendment (MPA16-0008), approved December 6, 2016, 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 (FEIR-13-01: SCH No. 2013 071077) for Amendments to the Chula Vista General Plan (MPA16-0015), Amendments to the Otay Ranch General Development Plan (MPA16-0016), Amendments to the Village 3 SPA Plan (MPA16-0008), and for the Village 3 Tentative Map for CVT -16-02 (PCS16-0002), within the timeframe specified in the MMRP. 6. During any real estate transaction, or prior to lease -signing of any property within the Village 3 Project, the prospective owners or residents shall be notified of the following information in disclosure documents and in the Covenants, Conditions & Restrictions (CC&Rs) for each Homeowners Association (HOA) within the Village: a. NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area / overflight area. For that reason, the property may be subject to some of the annoyances or noise, vibration, or odors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what Resolution No. 2016 -XXX Page No. 13 airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. b. NOTICE OF MINING OPERATIONS: This property is located near an existing mining operation that is expected to operate during and after build -out of Village 3 and could subject residents to nuisance noise, blasting, vibration and dust from on-going mining operations. c. NOTICE OF LANDFILL: This property is located in the vicinity of the Otay Landfill which is a solid waste disposal facility. Customary solid waste disposal operations may include, but are not limited to, noise, odors, dust, vibrations, birds, and vectors. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider which of these annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. d. NOTICE OF FUTURE- EXPANSION OF STATE ROUTE 125 (SR -125): Be advised there is a plan (per SANDAG RTP) for the widening of SR -125 to improve traffie flows. This property may be subject to some of the annoyances related to the construction and operation of the road. A copy of these disclosure documents shall be recorded with the County of San Diego Recorder's Office as part of Project approval. Each prospective homeowner and or lease holder shall sign the disclosure document confirming they have been informed of the vicinity of the airport, mine/quarry, and landfill and SR -125 prior to purchase of property and or occupancy. 7. 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. 8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village 3 North and a Portion of Village 4 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. 9. The Applicant shall dedicate, with the applicable Final Map, for public use all the public streets shown on the Village 3 Tentative Map (CVT 16-02) 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 3 Project and as specified in the Village 3 SPA Plan's Final Public Facilities Finance Plan, Table C.8 "Project Access and Direct Traffic Mitigation Threshold Requirements," and Table C.7 "Internal Street Improvements." The Applicant shall construct the public improvements and provide security satisfactory to the 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 final map if any off-site right-of- way ight-ofway or any interest in real property needed to construct or install offsite improvements Resolution No. 2016 - Page No. 14 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 off-site fuel management areas, the Applicant shall 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 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. To address projected Project revenue shortfalls, the Applicant shall pay a fee in the amount of $85 per dwelling unit prior to the building permit issuance, subject to Developer Services Director approval. 14. Prior to approval of the first Design Review Permit authorizing dwelling units on any parcel within the Village Core, the Applicant shall submit and obtain approval by the Planning Commission of a Master Precise Plan. . 15. Prior to approval of the First Model Home Conditional Use Permit (CUP), 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 3 school site has been determined by the district to be acceptable for school use, to the satisfaction of the Director of Development Services. Resolution No. 2016 -XXX Page No. 15 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 Three North and Portion of Village 4 SPA Plan, Conceptual Public Transportation Plan, Exhibit 19, 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 for the Project, the Applicant shall provide the City with a Village Three North and a Portion of Village 4 Subarea Master Plan(s) (SAMP) for potable, recycled, and fire flow water, as approved by Otay Water District (OWD). The Applicant shall bond and construct for all on-site and off-site water facilities in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. 19. The project shall comply with Section 3-400 of the Subdivision Manual. 20. Prior to approval of the first Final Map for Village 3 North and a Portion of Village 4 that exceeds 120 EDUs, Applicant shall secure and construct Heritage Road between the northerly Village 3 North boundary and Main Street, to the satisfaction of the Development Services Director. I. Prior to approval of the first Final Map for the Project, the Applicant shall provide an agreement to the satisfaction of the Development Services Director stating that the Applicant will not protest the formation of a reimbursement district to finance the construction of Heritage Road for its prorated share of the road as deterinined by the Development Services Director. 22. Prior to approval of the first Final Map, the Applicant shall grant the right-of-way for Energy Way within the boundaries of the Village 3 North and a Portion of Village 4 Tentative Map (CVT 16-02), providing for the future connection between the existing Energy Way and the proposed Heritage Road. 23. Prior to the approval of the first Final Map for Village 3 North and a Portion of Village 4 that includes Neighborhood R-6, Applicant shall bond and construct Main Street between Heritage Road and the eastern boundary of Village 3 North, to the satisfaction of the Development Services Director. 24. Prior to the approval of the first Final Map that includes the 800th EDU, the Applicant shall begin grading operations of the Industrial development areas I -la to I -3c, to the satisfaction of the Development Services Director. 25. Prior to approval of the first Final Map the Applicant shall demonstrate to the satisfaction of the Development Services Director that a funding mechanism is in place to fund the perpetual maintenance of storm water treatment facilities, including, but not limited to, the proposed bio -retention basins. Affordable Housing: Resolution No. 2016 - Page No. 16 26. 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 and a schedule for implementing the affordable housing obligation, including building permit threshold requirements as described in the Affordable Housing Plan of the Otay Ranch Village 3 North and a portion of Village 4 Sectional Planning Area (SPA). Water Quality: 27. Applicant shall remain in compliance with the City's Storm Water Manual, as determined by the Development Services Director. Parks: 28. Prior to approval of the first Final Map, the Applicant shall provide the City with an Irrevocable Offer of Dedication (IOD) for the 7.5 acre (net) neighborhood park site (P-1) and approximately 4.7 net acres of Community Park land within the Village 4 Community Park site (P-2) acceptable to the Development Services Director. 29. Prior to approval of any Final Map containing any unallocated units identified on the SPA Plan, Table 1, Village 3 North and a Portion of Village 4 Site Utilization Plan and Tentative Map CVT 16-02, the Applicant shall provide the City with an IOD equivalent to the park acre requirement pursuant to CVMC, Chapter 17.10. 30. The Existing 1.9 acre IOD (Recorded April 11, 2013, Instrument No. 2013-0227420) within the Village 4 Community Park in satisfaction of the Village 2 Project area park acre obligation shall be accounted for when calculating available eligible park credit within the Village 4 Community Park. 31. Prior to approval of the Final Map that includes the Community Park (P-2), Applicant shall: a. Demonstrate to the satisfaction of the Development Services Director that an access road to the Village 4 Community Park has been provided. b. Provide adequate sewer and water connections to serve the future park and recreation facilities. Trails: 32. Prior to approval of the first Final Map, the Applicant shall obtain approval of and record an easement for public trail purposes for the segments of the Chula Vista Greenbelt Trail within the boundaries of Village 3 North on any portion of Wiley Road and/or the existing Salt Creek Sewer Easement, owned by the Applicant, to the satisfaction of the Development Services Director. Resolution No. 2016 -XXX Page No. 17 33. The Applicant shall submit and obtain approval of trail improvement plans and shall construct all required trails, fencing and signage, 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 3 North and a Portion of Village 4 Tentative Map (CVT 16-02), to be located within the existing Salt Creek Sewer Easement, will include improvements such as fencing and signage. 34. Prior to the approval of the first residential building permit within the Village 3 North Blue Phase, as depicted on the Conceptual Phasing Plan of the Otay Ranch Village 3 North and a Portion of Village 4 SPA Plan (Exhibit 36), the Applicant shall construct all Chula Vista Greenbelt Trail improvements, including fencing and signage consistent with City trail standards, as required by the Development Services Director. Landscaping/Walls/Fences, 35. 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, to the greatest extent possible, subject to approval of the Development Services Director. 36. In place of Subdivision Manual Condition 30 and 33, prior to approval of the first Final Map the Applicant shall: a. Obtain Development Services Director 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 improvement areas subject to approval of the Development Services Director. 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. 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 3 North and a Portion of Village 4 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 Resolution No. 2016 - Page No. 18 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 PFFP adjoining the development as determined by the City Engineer. iii. All water quality basins serving the Project. 37. The Applicant agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscape medians, and scenic corridors along streets, within or adjacent to the subject subdivision. 38. 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 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. 39. Prior to recordation of each applicable 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 provided to the satisfaction of the Preserve Owner Manager. 40. Prior to construction of Regional Bus Rapid Transit and/or Rapid Bus transit stations in Village 3 North and a Portion of Village 4, the Applicant shall obtain approval of improvement plans as depicted on the Village 3 North and a portion of Village 4, Public Transportation Concept Plan, Exhibit 19, to the satisfaction of SANDAG, MTS, and the Development Services Director. Resolution No. 2016 -XXX Page No. 19 41. 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). 42. Prior to recordation of the first Final 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. 43. Prior to approval of any landscape and irrigation plans for areas designated Fuel Modification Zones, the Applicant shall provide proof to the City of Chula Vista that a Fire Protection Planning Firm has reviewed and confirmed that the plans are in conformance with the requirements of the Fire Protection Plan within the Otay Ranch Village 3 North and.a Portion of Village 4 SPA Plan, as amended. 44. Prior to the first Final Map Applicant shall cause all unplottable easements to be quitclaimed. 45. Prior to each Final Map approval, Applicant shall provide letters of permission to grade all off-site areas (including slopes, roads, utilities, etc) necessary to support each Final Map independently. 46. Prior to approval of each Final Map, 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 written proof 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. 47. Prior to approval of each residential building permit in Village 3 North and a Portion of Village 4, the Applicant shall provide evidence satisfactory to the Development Services Director or designee that each proposed residential unit to be constructed shall be located at least 1,000 feet away from the then active solid waste disposal areas of the Otay Landfill as required by General Plan Policy E 6.4 and by Section 2.5 of the Amended and Restated Otay Landfill Expansion Agreement. Notwithstanding the typically ministerial nature of building permit approvals, the City shall have and retain discretion here to deny any Resolution No. 2016 - Page No. 20 building permit application regarding any residential lot or parcel that does not comply with this Condition of Approval. Community Purpose Facility: 48. Prior to the first Certificate of Occupancy within the Mixed Use (MU -2) site, Applicant shall obtain a Final Map for the Community Purpose Facility (CPF-1) site. Applicant hereby acknowledgers and agrees, pursuant to Applicant's signature contained herein, to hold harmless, defend and indemnify City for any issues arising out of any withholding of any Certificate of Occupancy. Unallocated Units: 49. Should Applicant choose to build "Unallocated Units" within Village 3, a new Tentative Map -and Fiscal Impact -Analysis will be required for the site(s).