HomeMy WebLinkAboutReso 2018-086 �0R
DOC# 2018-0255577
Recording requested �111411111I�� 11111$1111111111111111111111111E�11111ININ
9
by:Tyshar Turner Jun 22, 2018 03:26 PM
Ci of Chula Vista OFFICIAL RECORDS
City Ernest J. Dronenburg, Jr.,
After recording return SAN DIEGO COUNTY RECORDER
to: Tyshar Turner FEES: $0.00 (SB2 Atkins: $0.00)
City Clerk's Office PAGES: 19
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Fee Exempt—
Gov't Code 6103
This space for Recorder's use only
RESOLUTION NO. 2018-086
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RESOLUTION NO. 2018-086
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE MAP CVT-15-03
(PCS15-03) FOR THE PORTION OF VILLAGE FOUR
PROJECT, SUBJECT TO THE CONDITIONS CONTAINED
HEREIN
1. RECITALS
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted
in Exhibit 1, attached hereto and incorporated herein by this reference and for the purpose of
general description, consists of approximately 166 acres located on the east side of Wolf Canyon,
straddling the future extension of Main Street from La Media Road to the north and to Heritage
Road to the southwest (Project Site); and
WHEREAS, on March 13, 2015, duly verified concurrent applications were filed with the
City of Chula Vista by Otay Valley Quarry, LLC. (Applicant) requesting amendments to the
Otay Ranch General Development Plan (GDP), a new Portion of Village Four Sectional Planning
Area (SPA) Plan, and an Environmental Impact Report (FEIR 17-001) for the Village Four
project; and
WHEREAS, on March 15, 2015, a duly verified application was submitted requesting
approval of a Tentative Subdivision Map (PCS-15-03) for Chula Vista Tract No. 15-03, to
implement the proposed land use changes and subdivide 166 acres into parcels supporting up to
73 single-family residential units, 277 multi-family residential units, approximately 2.08 acres of
Community Public Facility (CPF) uses, and 20.19 acres of open space uses (the "Project") for
the Portion of Village Four project; 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,
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 minutes and resolution resulting
therefrom, are incorporated into the record of these proceedings; 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
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Resolution No. 2018-086
Page No. 2
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby finds and determines as follows:
11. CERTIFICATION OF COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that, in
light of the whole record, the Project may have a significant effect on the environment; therefore,
the Development Services Director has caused the preparation of an Environmental Impact
Report, EIR 17-0001.
That the City Council of the City of Chula Vista reviewed, analyzed, considered,
approved and certified the Final EIR 17-0001, made certain Findings of Fact, adopted a
Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for
the Project pursuant to CEQA.
III. 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 (CVGP) and
associated regulatory documents, based on the following:
1. Land Use and Transportation
General Plan General Dev Plan SPA Plan
Residential Residential Low Medium, Single Family (SF)—
Low Medium Medium and High Density permits densities 3-6
Residential units/acre; Residential Multi-
Family Medium High (MF)—
permits densities of 11-18
units/acre including small lot
SF, alley homes, duplexes,
townhouses, rowhouses,
courtyard/clusters, and
stacked flats; Multi-Family
Medium High (MF)—permits
densities of 18-27 units/acre
including apartments and
condominium-type in
multiple-story buildin s.
Open Space Open Space Open Space OSpermits
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Resolution No. 2018-086
Page No. 3
developed or usable open
space and park uses, may
include naturalized open
space; Open Space Preserve
(OSP)permits natural,
undisturbed and/or restored
open space which is part of
the Otay Ranch Preserve
The proposed project is consistent with the CVGP and Otay Ranch General
Development Plan (GDP) land use designations. It contains all the requisite land uses
in accordance with the Otay Ranch Village Four 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
village that contains complementary land uses, including community purpose
facilities, preserve open space, and residential neighborhoods that offer a variety of
housing types and densities.
The Project has been designed to include a transportation system that complies with
the requirements of the CVGP, GDP and the Portion of Village Four SPA Plan. The
transportation system includes a hierarchy of streets, each providing accommodations
for pedestrian walkways and bicycle ways. The construction of the transportation
system will be phased in accordance with the Portion of Village Four 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 accommodating a
village 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. Approval of the Project will help achieve the CVGP
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
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Resolution No. 2018-086
Page No. 4
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 CVGP by providing
additional opportunities for high-quality, market-rate single-family and multi-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 PFFP has been prepared to analyze the demand generated by the Project,
and the phasing needs created by the Project.
Schools — The project is served by the Chula Vista Elementary School District and
Sweetwater Union High School Districts. According to the latest Growth
Management Oversight Committee (GMOC) report, both school districts are able to
accommodate students from the Project. As presented in Table A-1 of the PFFP,
school fees are to be paid and verification of payment is to be provided prior to the
issuance of Building Permits.
Sewer - The Project Site is within the boundaries of the City of Chula Vista
wastewater services area. 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 generates a demand for 2.94 acres of parkland. In accordance
with the provisions of the Park Land Development Ordinance (PLDO), the Developer
will pay in-lieu fees for the required parkland prior to the issuance of Building
Permits.
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 Portion of Village Four 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.
5. Growth Management
The Project is in compliance with applicable Growth Management Element
requirements according to the 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.
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Resolution No. 2018-086
Page No. 5
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 resources.
D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
City Council finds that the proposed Project:
1. Is consistent with applicable general and specific plans as specified in
Section 65451. Applicant proposes to amend very limited portions of the
ORGDP to facilitate implementation of the development plan for a Portion of
Otay Ranch Village Four. The proposed amendments are to ORGDP land use
designations for the site, including: the addition of Residential Medium
High; and Residential High. The amendments are consistent with applicable
general and specific plans as specified in Section 65451 because the General
Plan designation Residential Low Medium (RLM, 3-6 dwelling units per
acre) allows for a maximum of 453 units and the Project proposes 350 units.
The Project is within a Sectional Planning Area which is equivalent to a
Specific Plan area. With the proposed amendments, the Village Four 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 Portion of Village Four plan remains compatible with the
general and specific plans for the area, and the land uses are compatible with
the CVGP and ORGDP 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 portion of Village Four SPA Plan defines the land use character
and mix of uses, design criteria, circulation system, and public infrastructure
requirements for the Project. The Project's design of 73 single family lots is
consistent with the Single Family (SF-1) and 3 multi-family lots consisting of
277 units within the (RM-1 and RM-2) zoning classifications which are
consistent with the General Plan's RLM designation. 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 (Planned Community District Regulations) support the
design of a viable village with residential uses that will create a strong sense
of place for residents of a portion of Village Four and surrounding
communities. The Projects 350 units are equal to the allowed density range
of 3-6 dwelling units per acre with a maximum yield of 350 units. The
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Resolution No. 2018-086
Page No. 6
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 adjacent multi- and single- family development, and planned
commercial uses in Village 8 West with available access and infrastructure to
serve the Project.
5. 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 minimize
disturbance with cut and fill slopes balance, and a habitat restoration plan has
been prepared that avoids permanent disturbance or injury to wildlife or their
habitat.
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 have
plenty of separation between homes, able to be served by fire and emergency
services, and located over 500 feet from a major highway.
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. The project's roadways and utilities are within and
are not in conflict with proposed easements.
E. The City Council finds that the site is physically suited for development because it will
be developed in conformance with the Otay Ranch a Portion of Village Four SPA Plan
and FEIR-17-0001, 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.
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 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
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Resolution No. 2018-086
Page No. 7
does it revive challenges to any fees for which the Statute of Limitations has previously
expired.
V. INDEMNITY PROVISION
The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City 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 City arising, directly or indirectly, from (a) City's approval of the Project; (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; and (c)
approval of any CEQA action, including, certification of Final EIR 17-0001. 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.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and the Applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and Applicant have each
read, understood, and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the sole
expense of the Property Owner and the Applicant, and a signed, stamped copy of this
recorded document shall be returned within ten days of recordation to the City Clerk. Failure
to record this document shall indicate the Property Owner and Applicant's desire that the
Project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval. Said document will also be on file in the City Clerk's
Office and known as Document No. 2018- 02-55 5 77
DocuSigned by: 1
L((—�;�
C5B917ECOOF2473. 1 2010
John Moller, Chairman, Applicant Date
Otay Valley Quarry, LLC.
DocuSigned by:
r5BGI MUM"73
izo18
John Moller, Chairman, Owner Date
Otay Valley Quarry, LLC.
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Resolution No. 2018-086
Page No. 8
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The Applicant shall be notified ten (10)
days in advance prior to any of the above actions being taken by the City and shall be given
the opportunity to remedy any deficiencies identified by the City within a reasonable and
diligent time frame.
VIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that any one or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio. .
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the Findings contained herein and subject to the Conditions of Approval set forth in
Exhibit 2 attached hereto and incorporated herein by this reference and on file in the Office of
the City Clerk.
[SIGNATURES ON FOLLOWING PAGE]
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Resolution No. 2018-086
Page No. 9
Presented by Approved as to form by
DoccuuSigned by^: DocuSigned by:
LY V '^ Cy
04E6EC224 BA74B0... CF�406508504448F_.
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of May 2018 by the following vote:
AYES: Councilmembers: Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar
Docu/Siignedby, /J
leu 6�'
0626FD7C0386456...
Mary Salas, Mayor
ATTEST:
DocuSigned by:
3074MOdFGF342F
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-086 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of May 2018.
Executed this 15th day of May 2018.
Kerry K. Wig6low, MMC, City Clerk
OTAY RANCH VILLAGE Resolution No. 2018-086 Pg. 10
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Exhibit 1
EXISTING SALT
CREEK SEWER
INTERCEPTOR/ C.V.T. 15-03
GREENBELT TRAIL
Resolution No. 2018-086
Page No. 11
EXHIBIT 2
VILLAGE FOUR (CVT-15-03) 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, or designees,
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. The Project shall incorporate, by reference, all of the City of Chula Vista Standard Tentative
Map Conditions of Approval, as set forth in Section 5-300 of the City of Chula Vista
Subdivision Manual.
3. The Applicant shall obtain approval of a Final Map showing condominium ownership prior
to development of condominiums within any lot proposing multi-family residential uses.
4. The Applicant shall dedicate, with the applicable Final Map, for public uses all the public
streets shown on the Portion of Village 4 Tentative Map (CVT 15-03) within the subdivision
boundary.
5. Prior to issuance of each Final Map, Applicant shall be responsible for assuring right-of-way
improvements necessary for vehicular and pedestrian connection from the subject map area
to existing public roadways to the satisfaction of the City Engineer.
6. Prior to issuance of each Final Map, Applicant shall be responsible for assuring
enhancements within and outside the right-of-way and internal to the subject map area in
addition to applicable off-site infrastructure improvements sized to serve the subject map
area.
7. Prior to the approval of the first Final Map, one of the following shall occur to the
satisfaction of the City Engineer: the Applicant shall provide approved and bonded roadway
Improvement Plans for the roadways that provide direct access to the Project Site,
specifically La Media Road from its existing southern terminus to Main Street and Main
Street from La Media Road to the westerly project boundary and the improvements shall be
constructed prior to issuance of the first Building Permit (other than Building Permits for
model homes); or Applicant shall cease development of the Project until those assumed
future roadways are constructed by others as presently planned.
Resolution No. 2018-086
Page No. 12
8. The Applicant shall request and deliver to the City a service availability letter from the Otay
Water District prior to approval of a Final Map.
9. The Applicant shall comply with the Sewer Utility mitigation measures identified in the
Project Environmental Impact Report.
10. The Applicant shall underwrite the cost of all studies and reports required to support the
addition of sewer flows to existing lines, assume the capital costs of all sewer lines and
connection identified in the Project PFFP, comply with Section 303 of the Subdivision
Manual, and construct off-site connections as required by the City Engineer.
11. The Applicant shall comply with the recommended mitigation measures provided in the
Project Drainage Study, SWQMP, and Project EIR.
12. Prior to the issuance of the first Building Permit (other than for a model home), the Applicant
shall assure the maintenance of drainage facilities by a property owner's association that
would raise funds through fees paid by each property owner and/or participation in a
Community Facilities District (CFD) established over the entire Project to raise funds
through the creation of a special tax for drainage maintenance purposes.
13. Prior to approval of each Final Map, Applicant shall provide proof that all off-site right of
way, drainage, sewage, and water facilities have been 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 right 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 principals, all to the satisfaction of the Development Services Director and City
Engineer.
14. Prior to issuance of the 121 st Building Permit, Applicant shall negotiate with the Chula Vista
Fire Department to determine the contribution by the Applicant and contribute to fully fund a
fourth firefighter. This is to be monitored annually until either the Millenia or Village 8
West fire station is operational.
15. The Applicant shall comply with the Air Quality mitigation measure in the Project EIR and
Project Air Quality Improvement Program.
16. Should conflicting wording or standards occur between these Conditions of Approval, any
conflict shall be resolved by the City Manager.
17. 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. 15-03,
generally located adjacent to Main Street.
Resolution No. 2018-086
Page No. 13
18. The Project shall comply with the General Development Plan Amendment (MPA17-0006),
and the Sectional Planning Area (SPA) Plan for a Portion of Village Four (PCM-15-07), and
the City of Chula Vista Standard Tentative Map Conditions as outlined in the Subdivision
Manual and incorporated herein.
19. 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-
17-0001: SCH No. 2016041080) for Amendments to the Otay Ranch General Development
Plan (MPA17-0006), adoption of a new Portion of Village Four SPA Plan (PCM-15-07), and
for the Portion of Village Four Tentative Map for CVT-15-03 (PCS15-03), within the
timeframe specified in the MMRP.
20. During any real estate transaction, or prior to lease-signing of any property within the Portion
of Village Four 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 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 Four 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 traffic flows. This
property may be subject to some of the annoyances related to the construction and operation
of the road.
Resolution No. 2018-086
Page No. 14
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, landfill and SR-125 prior to purchase or lease of property and or
occupancy.
21. The Applicant shall construct public facilities in compliance with the Portion of Village Four
PFFP (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. The Applicant shall provide the applicable
studies/analysis, which may be reviewed by a third party Consultant for the City paid for by
the Applicant, identifying the change in conditions that may warrant a modification of the
sequence, schedule, alignment and design of improvement construction, as well as, amend
the PFFP to match any modification of the sequence, schedule, alignment and design of
improvement construction.
22. 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 in
accordance with 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.
23. 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.
24. Prior to issuance of Building Permits, in order to address projected Project revenue shortfalls
(in accordance with section 19.09.060(J) of the CVMC), as identified in the Financial Impact
Analysis portion of the PFFP, the Applicant shall pay a fee in the amount of $85.00 per
dwelling unit, to the satisfaction of the Development Services Director.
Resolution No. 2018-086
Page No. 15
Public Facilities:
25. Prior to approval of the first Final Map for the Project, the Applicant shall provide the City
with a Portion of Village Four 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.
26. Prior to issuance of Improvement Plans, Applicant shall obtain approval from OWD
regarding adequacy of potable and recycled water.
Affordable Housing:
27. 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 City and State of
California regulations. Such agreement shall identify methods of compliance as set forth in
Appendix H, "Affordable Housing Program," including either providing affordable housing
at an "On-Site" location, "Off-Site" location, or payment of an in-lieu housing fee to be paid
upon issuance of Building Permits.
Parks:
28. The Project generates a demand for 2.94 acres of Parkland. In accordance with the
provisions of the Park Land Development Ordinance (PLDO), the Applicant shall pay in-lieu
fees for the required PAD prior to the issuance of Building Permits.
Trails:
29. The Applicant shall submit and obtain approval of Trail Improvement Plans prior to approval
of a Grading Permit and shall construct all required trails fencing and signage, consistent
with City trail standards, or as required by the Development Services Director. Said
Improvement Plans containing Chula Vista Greenbelt Trail segments or Neighborhood
trails/village pathway connection as depicted on the Portion of Village Four Tentative Map
(CVT 15-03), will include improvements such as fencing and signage.
Landscaping/Walls/Fences:
30. Footings and geo-synthetic 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.
31. 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 landscape improvements, trails, open space areas and other improvement
Resolution No. 2018-086
Page No. 16
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 CFD or
Open Space District. A CFD 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 CFD or Open Space District. The final determination of which
improvements are to be included in the CFD or Open Space District and those to
be maintained by the MHOA shall be made during the CFD or 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 Portion of Village Four Project Area. The Applicant shall
acknowledge that the MHOA's maintenance of public open space, trails, etc. may
expose the City to liability. The Applicant agrees to establish an MHOA that will
indemnify and hold the City harmless from any actions of the MHOA in the
maintenance of such areas.
d. Submit and obtain approval of the City Engineer and Development Services
Director of a list of all facilities and other items to be maintained by the proposed
district(s) or MHOA. Separate lists shall be submitted for the improvements and
facilities to be maintained by the CFD or 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
Resolution No. 2018-086
Page No. 17
ii. The proportional share of the life cycle and maintenance costs of any
landscaping within the public right of way, including but not limited to the
landscaped medians.
iii. All water quality basins serving the Project.
32. The Applicant shall be required to enter into a "Grant of Easement and Maintenance
Agreement" with the City for all publically owned areas maintained by the MHOA prior
to the approval of the first Final Map.
33. 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.
34. 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, 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.
35. 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.
36. Prior to issuance of the first Building Permit or other discretionary permits for multi-
family 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 multi-family 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).
Resolution No. 2018-086
Page No. 18
37. Prior to recordation of each Final Map, all CFD or Open Space District slope and open
space areas shall be designated as individual lots on said Final Map to the satisfaction of
the Development Services Director.
38. Prior to approval of any Landscape and Irrigation Plans for areas designated Fuel
Modification Zones, the Applicant shall provide proof to the City 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 a Portion of Village Four
SPA Plan,.
Community Purpose Facility:
39. Prior to issuance of the 151" Building Permit, Applicant shall construct the CPF-2 site
consistent with the Otay Rach Village Four SPA PC District Regulations Figure 4.2