HomeMy WebLinkAboutAttachment 8 - Draft City Council Tenative Map Resolution
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE SUBDIVISION MAP CVT 19-
0001 FOR OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL NORTH
I. RECITALS
1. Project Site
WHEREAS, the parcel, that is the subject matter of this Resolution, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general
description is located in the northern portion of Planning Area 12 of Otay Ranch; and
2. Project; Applications for Discretionary Approval
WHEREAS, on January 9, 2019, a duly verified application for a Tentative Subdivision
Map (PCS-19-0001) was filed with the City of Chula Vista Development Services Department by
Baldwin & Sons (Applicant); to allocate the additional 300 units to R/MU land use district. The
Tentative Subdivision Map creates 608 residential condominium units, 10 commercial lots and
1,049 parking condominium units on 10.405 acres of land; and
3. Environmental Determination
WHEREAS, the Development Services Director reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the project was
covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway
Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR 02 -04) (SCH
#1989010154), and has determined 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 of a subsequent document have occurred; therefore, the
Development Services Director has caused the preparation of a Third Addendum to FEIR 02-04;
and
4. Planning Commission Record on Application
WHEREAS, a public hearing time and place was set by the Planning Commission for said
Tentative Subdivision Map 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, a hearing at the time and place as advertised, was held before the Planning
Commission in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed;
and
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WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision
Map PCS-19-0001; and
WHEREAS, the Planning Commission, after considering all evidence and testimony
presented, by a vote of _________ recommends that the City of Chula Vista City Council approve
the Tentative Subdivision Map CVT 19-0001 for Otay Ranch Planning Area 12 Freeway
Commercial North in Conjunction with the PA-12 Sectional Planning Area (SPA) Plan
Amendment; and
5. City Council Record on Application
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Tentative Subdivision Map and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, and its
mailing to property owners and residents within 500 feet of the exterior boundaries of the property,
at least ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Tentative Subdivision Map at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council
finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the
elements of the City’s General Plan, based on the following:
1. Land Use
The General Plan (GP) land use designation is Retail Commercial and Mixed Use
Residential. The proposed project is consistent with these land use designation.
The current Otay Ranch General Development Plan (GDP) designation is Freeway
Commercial and Mixed Use. The proposed project is consistent with these land use
designation.
The existing implementing zone in the Freeway Commercial Planned Community
District Regulations is FC-2, which is divided into two subcategories: R/MU
(Residential/Mix-Use) and C/MU (Commercial/Mixed Use). All neighborhoods, as
shown on the Tentative Subdivision Map, are consistent with these designations. In
total, this Tentative Subdivision Map depicts 608 residential units.
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The subdivision design creates 608 residential condominium units, 10 commercial lots
and 1,049 parking condominium units on two (2) lots, and one (1) private street. The
proposed project furthers the policy objective for “Urban Villages” to have “higher
densities and mixed uses in the village cores” and to "provide a wide range of
residential housing opportunities” which promotes a blend of for-sale and for-rent
housing products and a range of densities integrated and compatible with other land
uses in the area. The proposed project would support Smart Growth Principles, as it
provides compact development oriented to pedestrians, bicyclists and transit, and
would further minimize urban sprawl development patterns.
3. Circulation
All off-site public streets required to serve the subdivision already exist. The on-site
private street is designed in accordance with the City design standards and/or
requirements and provides for vehicular and pedestrian connections.
4. Economic Development
The proposed project results in an increase of 300 residential units. There is a provision
of a wider range of housing options and pricing for potential home-buyers and renters
in the current housing market. By adding these units, increased patronage to the nearby
commercial and public/quasi-public uses can be anticipated to contribute to greater
economic development within Planning Area 12 and the City.
The Project allows for development of multi-family housing. The Project provides
homebuyers the opportunity to purchase homes with greater affordability, reduced
maintenance/utility costs, and less dependency on the automobile, a guiding principal
of the Otay Ranch GDP. The proposed homes also provide further variation in housing
opportunities available to Chula Vista residents, consistent with General Plan (GP)
Objective ED 2. The proposed project also fosters economic development benefits at
the community level by providing for increased housing densities within the same
development footprint. These increased densities allow for infrastructure and municipal
services to be provided at reduced cost per capita (more people served by the same
municipal services). Additionally, with increased housing (and population) within the
same development footprint, increased densities improve the viability of community
serving commercial and public/quasi-public uses as well as alternative transportation
modes. As a result, the proposed project may serve as a catalyst for small and midsized
industries and businesses and community serving and neighborhood uses, consistent
with GP Objectives ED 3 and ED 9.
5. Public Facilities
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 Public Facilities Financing Plan (PFFP) has been prepared to
analyze the demand generated by 300 new residential units for public services and
facilities, and the phasing needs created by the project.
Storm Water: Otay Ranch FC-2 project existing conditions and proposed drainage
improvements are identified in the “Otay Ranch Planning Area 12, Drainage Study,”
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dated October 7, 2014, by Hunsaker & Associates. The Hunsaker Drainage Study
identifies the Pre-Development and Post-Development Conditions flow rates for 50-
year and 100-year storm events; the required size of the proposed storm drain facilities
needed to route the expected runoff through the developed site; and a capacity analysis
and recommendation for the existing storm drain capacity once the site is developed.
A Drainage Report and a Storm Water Quality Management Plan (SWQMP) were
prepared by SB&O Inc. on August 8, 2018 for the east portion of FC-2.
The current project storm water quality conditions and proposed water quality
improvements are identified in three reports. Each report focuses on a specific area
within FC-2 and includes:
The Hotel Site: Water Quality Technical Report (Major WQTR) for Otay Ranch
Village 12, PA-12 West Residential October 20, 2014 by Hunsaker & Associates.
The Eastern Residential area: “A Drainage Report and a SWQMP”, August 8,
2018 by SB&O Inc.
The Western Residential area: Water Quality Technical Report (Major WQTR) for
Otay Ranch Village 12, PA-12 West Residential December 31, 2015 by Hunsaker
& Associates.
The Hunsaker WQTR’s and SB&O SWQMP have been prepared to implement the
methods and procedures as described in the City of Chula Vista Storm Water Manual
and Standard Urban Stormwater Mitigation Plan (SUSMP) for Best Management
Practices (BMP) design. The treatment of the runoff from the project is addressed in
the WQTR. The proposed design will utilize on-site Low Impact Development (LID),
BMPs and Bioretention Integrated Management Practices (IMP’s) Treatment Controls
to treat the 85th percentile flow from the development. The FC-2 project is under the
jurisdiction of the San Diego Regional Water Quality Control Board (SDRWQCB).
The FC-2 project is subject to the National Pollutant Discharge Elimination System
(NPDES) requirements both during and after construction. NPDES requirements stem
from the Federal Clean Water Act and are enforced either by the State Water Resources
Control Board (SWRCB) or the Regional Water Quality Control Board (RWQCB) for
the region in which the project is located.
The City of Chula Vista BMP Design Manual March 2019 update to the December
2015 Manual, addresses the onsite post-construction storm water requirements for
Standard Projects and Priority Development Projects (PDPs) and provides procedures
for planning, preliminary design, selection, and design of permanent storm water BMPs
based on the performance standards as required by the Municipal Storm Water Permit
for the San Diego Region \[Order No. R9-2013-0001 as amended by R9-2015-0001 and
R9-2015-0100\]. All development projects must comply with the requirements.
Wastewater: The project is consistent with Final Environmental Impact Report (FEIR)
Mitigation Measures 5.12-11 through 5.12-13, which require the Applicant to
demonstrate adequate capacity in the Poggi Canyon sewer line. The sewer technical
study (Dexter 2019) demonstrates that there is adequate sewer capacity in the existing
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8-inch line that serves the site. The existing 8-inch gravity sewer line is adequate to
convey this projected total flow.
Potable Water Demand: As the subject matter of a GP and GDP amendment
(Resolution No.2015-114), the property was included in a water supply assessment,
which was approved for the project on April 1, 2015. It documents that there is an
assured long term supply of water for the project. This report estimated that the project
would require a supply of 233 AFY to meet the demands of the project and concluded
that the Otay Water District (OWD) could meet these demands. After the 2015 WSAV
report was approved, OWD updated the water demand factors that are used to estimate
demands from future development. Due to the success of water conservation efforts in
the region and corresponding reductions to OWD water demand factors, the current
demand for the proposed Freeway Commercial project amendment is 217 AFY, or 16
AFY less than the project that was approved in 2015. This reduction in water demand
projections by OWD is consistent with what the San Diego County Water Authority
(SDCWA) reports region wide where their supply of water to the San Diego region was
less in 2016 than it was in 1990, despite an increase in the population and number of
residences.
6. Environmental Element
The proposed project has been reviewed in accordance with the requirements of the
CEQA and it was determined that the project was covered in the previously adopted
Final Environmental Impact Report for the Otay Ranch Freeway Commercial
Sectional Planning Area (SPA) Plan - Planning Area 12 (FEIR 02-04)
(SCH#1989010154). A Water Quality Technical Report, Traffic Impact Study, Noise
Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service
Technical Memorandum and Water Service Technical Memorandum have been
prepared, reviewed and approved by City staff. The Development Services Director
has determined 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 of a subsequent document have occurred;
therefore, the Development Service Director has caused the preparation of a Third
Addendum to FEIR 02-04.
7. Growth Management
The proposed project will result in 300 new dwelling units in Freeway Commercial
North. A Supplemental PFFP has been prepared which analyzes any potential impacts
on public facilities and services, and identifies the facilities, phasing and timing triggers
for the provision of facilities and services to serve the project, consistent with the City's
Quality of Life Threshold Standards.
In response to a previous change in the FC-2 District portion of the project, an analysis
was prepared entitled Otay Ranch PA12 – Trip Generation Review – Revised by Chen-
Ryan Associates, dated 2015. This report was the basis of the First Addendum to the
EIR. The First Addendum concluded that “the FC-2 site would generate approximately
7,506 daily trips, which is lower than the entitled land use trip generation of
approximately 12,145 daily trips for the FC-2 site. Since the proposed modified land
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uses would generate less traffic than the entitled land uses, there are no additional
traffic impacts associated with the proposed modifications.”
When the land use changed from Commercial to Mixed-Use in the FC-2 portion of the
project, an analysis was prepared entitled “Otay Ranch PA 12 Trip Generation Review
– Revised” by Chen Ryan Associates, dated 2015. This report was the basis of the First
Addendum to the EIR. The First Addendum concluded that the hotel and mixed-use
land uses would generate less daily and peak hour trips than the entitled Freeway
Commercial uses, there would be no significant traffic impacts associated with the land
use change and thus no additional traffic analysis would be required. The updated
Traffic Memorandum by Chen Ryan dated January 2019 concluded that with the
addition of 300 units, the project will still generate fewer trips than the original Freeway
Commercial uses would generate. According to the January 2019 memorandum (Chen
Ryan 2019), the FC-2 site would generate approximately 7,681 daily trips, which is
lower than the originally approved commercial land use trip generation of
approximately 12,145 daily trips for the FC-2 site. As analyzed in the traffic
memorandum, there is a reduction in PM peak hour trips (by 524 trips) and an increase
in AM peak hour trips (by 58 trips) but would not result in any new significant traffic
impacts during the Existing Plus Project or Horizon (Year 2030) conditions.
The project access is via two driveways along Town Center Drive and one driveway
along Olympic Parkway, between Town Center Drive and Eastlake Parkway (right‐
in/right‐out). The analysis indicates that both intersections of Town Center Drive /
Olympic Parkway and Town Center Drive / Town Center Loop would continue to
operate at acceptable LOS D or better with addition of the project traffic. All three
proposed project driveways would operate at acceptable LOS D or better under
Existing Plus Project conditions. The addition of project traffic would not result in any
traffic impact within the project study area. The analysis also indicates that the Year
2030 geometrics of the project are adequate to accommodate the projected Average
Daily Traffic (ADT).
The project site is within the boundaries of the Chula Vista Elementary School District
(CVESD) and within the Sweetwater Union High School District (SUHSD). At
completion, the proposed project could generate approximately 463 students. The
Applicant will mitigate impacts on secondary and elementary school facilities through
participation in CVESD and SUHSD Community Facility Districts (CFDs).
8. Open Space and Conservation
The proposed project meets the minimum open space requirement in accordance with
the Freeway Commercial SPA Plan and Planned Community District Regulations. The
project generates a demand of 2.36 acres of park land for the additional 300 units.
Pursuant to the Development Agreement between the Applicant and the City of Chula
Vista, this obligation will be met through the payment of a Park Benefit Fee as
described in the Development Agreement.
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The Otay Ranch Resource Management Plan (RMP) requires conveyance of 1.188
acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to
the recordation of any Final Map. In association with the original Final Map for this
Project, Map 16291, 40.761 acres were conveyed to the Otay Ranch Preserve Owner
Manager via recorded Open Space Easement Doc# 2018-0325995. Since the project
dedicated Multi-species Conservation Plan (MSCP) open space preserve lands prior to
recordation of the original Final Map, the project is consistent with the requirements of
the Otay Ranch RMP and MSCP Subarea Plan.
The proposed land form grading conforms to the City's Grading Ordinance and retains
regional and natural open space features. The development of the site is consistent with
the goals and policies of the Conservation Element.
9. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal meets those standards.
10. Noise
The project has been reviewed for compliance with the Noise Element and will comply
with applicable noise measures at the time of issuance of a Building Permit.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities and that the development of the
site will be subject to site plan and architectural review to insure the 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 hereby certifies that it has considered the effect of this approval on the housing
needs of the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan designation Freeway Commercial (28-45 dwelling units per acre)
allows for a maximum of 608 units/lots and the project proposes 3 lots. The project is
within a SPA/Specific Plan area.
(b) design or improvement is consistent with applicable general and specific plans. The
Project’s design of 3 lots is consistent with the Freeway Commercial, (FC-2) zoning
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classification which is consistent with the General Plan’s Freeway Commercial
designation.
(c) site is suitable for the proposed density of development. The project’s 3 lots are below
the allowed density range of 27-45 dwelling units per acres with a maximum yield of 608
units/lots.
(d) site is physically suitable for the type of development. The project is surrounded by
multi-family and commercial development with available access and infrastructure to serve
the project.
(e) 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 landform disturbance with cut
and fill slopes balance, and on a disturbed site that avoids permanent disturbance or injury
to wildlife or their habitat.
(f) 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.
(g) 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. The project’s roadways and utilities are within and are not in
conflict with existing easements.
E. The site is physically suited for residential development because it is generally level and is
located adjacent to existing residential developments. The project conforms to all standards
established by the City for a residential development.
F. The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extent to the impact created by the
proposed development.
III. TENTATIVE MAP CONDITIONS OF APPROVAL
Unless otherwise specified or required by law, the conditions and Chula Vista Municipal
Code (“CVMC” or “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 their designees. Unless otherwise specified, “dedicate” means grant the
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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
excused by the City. 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.
Should conflicting wording or standards occur between these conditions of approval and
any other entitlement document, any conflict shall be resolved by the City Manager or
designee.
1. The Applicant, or his/her successors in interest, shall develop and maintain the project site
in accordance with the approved plans, which include site plans, floor plans, and elevation
plans on file in the Planning Division, the conditions contained herein, and Title 19.
2. The project shall comply with approved General Plan Amendment GPA-12-03, General
Development Plan Amendment PCM-12-15, Sectional Planning Area (SPA) Plan PCM
12-16, and Tentative Subdivision Map, Tract 05-02 and all supporting documents
including but not limited to the Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Affordable Housing Plan, Non-Renewable Energy Conservation
Plan, Air Quality Improvement Plan, Water Conservation Plan, Fire Protection Plan and
the City of Chula Vista Standard Tentative Map Conditions, as attached hereto, or on file
in the Development Services Department, and incorporated herein.
3. The Applicant shall pay in full any unpaid balance for the project, including Deposit
Account No. DDA0384.
4. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Final Environmental
Impact Report (FEIR 02-04); Third Addendum to FEIR 02-04 and associated Mitigation
Monitoring and Reporting Program (MMRP) for the project, within the timeframe
specified in the MMRP.
5. The Applicant shall submit Covenants, Conditions and Restrictions (CC&R’s) for review
and approval prior to approval of the Final Map. Said CC&R’s shall include the following:
a. Indemnification of City for private sewer spillage.
b. Listing of maintained private facilities.
c. The City’s right but not the obligation to enforce the CC&R’s
d. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligee have signed a written petition.
e. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
f. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
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6. Said CC&R’s shall be consistent with CVMC Chapter 18.44, the Subdivision Ordinance,
and shall be recorded concurrently with the Final Map.
7. The CC&R’s for each Homeowners Association (HOA) within the project shall contain a
provision that provides all new residents with an overflight disclosure document that
discloses the following information during any real estate transaction or prior to lease
signing, as required by the Brown Field ALUCP:
NOTICE OF AIRPORT VICINITY: This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what airport
annoyances, if any, are associated with the property before you complete your purchase
or lease and determine whether they are acceptable to you.
A copy of the above disclosure document shall be recorded with the San Diego County
Recorder’s Office and a conformed copy submitted to the City of Chula Vista as part of
project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been informed of the vicinity of the airport prior to the purchase or
lease of a home.
8. 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. Ownership of individual
parking condominium units must be in compliance with the parking requirements of the
PC District Regulations of the Otay Ranch Freeway Commercial Sectional Planning Area
Plan (PC District Regulations). Residential or Commercial condominium units must at all
times be in compliance with the parking requirements of the PC District Regulations
through direct ownership of the parking condominium units required or legal rights to use
the required parking condominium units such as through a recorded shared parking
agreement approved by the Development Services Director.
9. The Applicant shall construct public facilities in compliance with the Otay Ranch Freeway
Commercial SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the 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.
10. Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from the Otay Water District that the subdivision will be
provided adequate water service and long-term water storage facilities.
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11. Prior to approval of any Final Map or Grading Plan for the project, the Engineer-of-Work
shall submit and obtain approval by the City Engineer a waiver request for all subdivision
design items not specifically waived on the Tentative Map, and not conforming to adopted
City standards. The Engineer-of-work request shall outline the requested subdivision
design deviations from adopted City standards and state that in his/her professional
opinion, no safety issues will be compromised. The waiver is subject to approval by the
City Engineer in the City Engineer's sole discretion.
12. Prior to approval of any Construction Permit, the Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer.
Grading:
13. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for landscaping
and maintenance access adjacent to the wall.
14. Prior to City acceptance of any landscaped areas, the Applicant shall install permanent
water meters in accordance with the approved landscape and irrigation plans to the
satisfaction of the Development Services Director.
15. Prior to issuance of any Grading Permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the Development Services Director and the City Engineer.
16. Prior to the issuance of any Construction or Grading Permit which impacts offsite property,
the Applicant shall deliver to the Development Services Director and City Engineer, a
notarized letter of permission to construct or grade and drain for all off-site grading.
17. Prior to issuance of any Grading or Construction Permit based on plans proposing the
creation of down slopes adjacent to public or private streets, the Applicant shall obtain the
City Engineer’s approval of a study to determine the necessity of providing guardrail
improvements at those locations. The Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated Construction Permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be installed
per CalTrans Traffic Manual and Roadside Design Guide requirements and American
Association of State Highway and Transportation Officials (AASHTO) standards to the
satisfaction of the City Engineer.
18. The Applicant shall ensure that all private lot drainage and slopes comply with the current
Building Code used by the City of Chula Vista
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Sewer:
19. All gravity sewers shall be designed to convey peak wet weather flow. For pipes with a
diameter of 12 inches and smaller, the sewers will be designed to convey this flow when
flowing half full. All new sewers shall be designed to maintain a minimum velocity of two
feet per second (fps) at design capacity to prevent the deposition of solids.
20. Prior to each Final Map the Applicant shall either demonstrate that Poggi Sewer has
adequate capacity or upsize the inadequate segment, all to the satisfaction of the Director
of Development Services and the City Engineer.
21. Upon Tentative Map approval, or as required by the Development Services Director, the
Applicant shall fund updates of the Poggi Canyon Sewer Development Impact fee (DIF)
to include the project’s proposed additional units. Further, the Applicant shall agree not to
protest the update of the Poggi Canyon Sewer DIF.
Parks:
22. The Applicant shall pay a Park Benefit Fee (which is equal to the City’s PAD fee at the
time of payment) to the City for all additional 300 residential units constructed in FC-2 in
accordance with the “First Amendment to the Development Agreement between the City
of Chula Vista, Village II Town Center, LLC and Sunranch Capital Partners, LLC.” Park
Benefit Fees may be utilized by the City to acquire or develop parkland serving the City’s
eastern territories.
Traffic:
23. The Applicant shall comply with all the requirements of the “Otay Ranch Freeway
Commercial North Traffic Analysis” by Chen Ryan, dated April 2019.
24. Prior to the issuance of the first Building Permit for the East Mixed-Use, a signal at Town
Center Drive and Promenade St. shall be constructed as shown as #4 in Table C.2.
25. Prior to the issuance of the first Building Permit, the street improvements along Town
Center Drive, in accordance with Drawing No. 16039 shall be completed to the satisfaction
of the City Engineer and Director of Development Services.
The following on-going conditions shall apply to the project site as long as it relies on this
approval:
1. Approval of this request shall not waive compliance with any sections of the Chula Vista
Municipal Code nor any other applicable City Ordinances in effect at the time of building
permit issuance.
2. 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,
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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
this Tentative Map, (b) City’s actions on any environmental document concerning this
Tentative Map and (c) City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, 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 below. 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.
3. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Applicant as to
any or all of the property.
4. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape Manual,
Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay
Ranch Overall Design Plan; Otay Ranch Freeway Commercial Sectional Planning Area
(SPA) Plan and supporting documents including: Public Facilities Finance Plan and
supplemental PFFP; Parks, Recreation, Open Space and Trails Plan; Affordable Housing
Plan and the Non-Renewable Energy Conservation Plan as amended from time to time,
unless specifically modified by the appropriate department head, with the approval of the
City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions; and/or seek damages for their violation. The applicant shall be notified 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.
6. The applicant shall comply with all applicable Freeway Commercial SPA conditions of
approval, (MPA19-0011) as may be amended from time to time.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
City Council Resolution No. 2019-
Page 14
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 Government Code Section 66020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
set aside, void or annual imposition. The right to protest the fees, dedications, reservations,
or other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and
agreed to the conditions contained herein, and will implement same. Upon execution, this
document shall be recorded with the County Recorder of the County of San Diego, at the
sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned
to the City’s Development Services Department. Failure to return the signed and stamped
copy of this recorded document within 10 days of recordation shall indicate the Property
Owner/Applicant’s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
________________________________ __________ _____
Signature of Property Owner Date
________________________________ _______________
Signature of Applicant Date
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The City Council does hereby find that the project is in conformance with the City of Chula Vista
Subdivision Manual, CVMC Chapter 18.12 and the requirements of the Zoning Ordinance.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision, and condition herein stated; and that in the event
that any one or more terms, provisions, or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be deemed
to be automatically revoked and of no further force and effect ab initio.
City Council Resolution No. 2019-
Page 15
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does,
based on the findings, general and specific conditions included herein, hereby approve Tentative
Subdivision Map CVT-19-0001 for Otay Ranch Planning Area 12 Freeway Commercial North in
conjunction with the PA-12 SPA Plan Amendment.
Presented by: Approved as to form by:
________________________ _______________________
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney