HomeMy WebLinkAboutReso 2020-034RESOLUTION NO. 2020-034
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP FOR THE OTAY RANCH VILLAGE EIGHT WEST
PROJECT SUBJECT TO THE CONDITIONS CONTAINED
HEREIN
I. RECITALS
1. Project Site
WHEREAS, the area of land that is the subject of this Resolution is depicted in Exhibit A,
attached hereto and incorporated herein by this Reference and commonly known as Otay Ranch
Village 8 West (APNs 644-070-12-00 and 644-070-14-00), consisting of approximately 300.7 acres,
and generally located south of the existing terminus of La Media Road and southwest of the
intersection of Magdalena Avenue and Main Street (Project Site); and
WHEREAS, in December 2013, the Village 8 West Sectional Planning Area (SPA) Plan
was approved by Chula Vista City Council Resolution 2013-270; and
WHEREAS, in December 2013, a Tentative Subdivision Map for Village 8 West (CVT
09-04) was approved by Chula Vista City Council Resolution 2013-271 to implement the Village
8 West SPA Plan; and
2. Project; Applications for Discretionary Approval
WHEREAS, on May 13, 2019, a duly verified application requesting approval of an
amendment to the SPA Plan (MPA19-0011) and a new Tentative Subdivision Map (PCS19-0003)
for Village 8 West (Project), were filed with the City of Chula Vista Development Services
Department by HomeFed Village 8, LLC (“Applicant” and “Owner”); and
WHEREAS, the Applicant requests approval of a Tentative Map to subdivide 300.7 acres
into parcels supporting 2,334 residential units and up to 300,000 square feet of commercial/office
space on the Project Site; and
3. Environmental Determination
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 certified Final Environmental Impact Report for
Village 8 West (FEIR 10-03/SCH #2010062093), 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 Director of Development Services has caused the preparation of an Addendum to
FEIR 10-03 (IS19-0002) for consideration; and
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4. Planning Commission Record on Application
WHEREAS, a hearing time and place was set by the Planning Comm ission for
consideration of the Project and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior
to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
and voted to forward a recommendation to the City Council on the Project; 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 this proceeding; and
5. City Council Record on Application
WHEREAS, the City Clerk set the time and place for the City Council hearing on the
Project application and notice of said hearing, together with its purpose, given by its publication
in a newspaper of general circulation in the City and its mailing to property owners within 500 feet
of the exterior boundaries of the Project Site at least ten (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 the Project at the time and place as advertised in the Council Chambers, 276 Fourth
Avenue, and said hearing was thereafter closed; and
WHEREAS, immediately prior to this action, the City Council considered an Addendum
to FEIR 10-03 (IS19-0002), pursuant to Resolution No. 2020-031; and
WHEREAS, immediately prior to this action, the City Council approved a General Plan
Amendment (MPA19-0009) and a General Development Plan Amendment (MPA19-0010),
pursuant to Resolution No. 2020-032; and
WHEREAS, immediately prior to this action, the City Council approved the Village 8 West
SPA Plan Amendment (MPA19-0011), pursuant to Resolution No. 2020-033.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it 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 Otay Ranch
Village 8 West, is in conformance with the elements of the City’s General Plan, based on
the following:
1. Land Use and Circulation
The Project is consistent with and implements the Otay Ranch Village 8 West SPA
Plan by establishing developable parcels, public improvements and public facilities that
create an active mixed-use Town Center and other complementary adjacent land uses,
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including community purpose facilities, public schools and parks, and residential
neighborhoods that offer a variety of housing types and densities. The Town Center is
comprised of integrated commercial, residential, office and town square uses. The
Project is designed to encourage residents to utilize alternative modes of transportation
such as rapid bus transit service, pedestrian sidewalks and trails, and bicycle lanes.
The Project includes a vehicle circulation system that complies with the requirements
of the Chula Vista General Plan, the Otay Ranch General Development Plan (GDP),
and the Otay Ranch Village 8 West SPA Plan. The circulation system includes La
Media Parkway and Main Street, developed with two intersecting one-way, two-lane
couplet streets with reduced lane widths and bulb-outs at intersections, which will
enhance pedestrian comfort and safety in the Town Center. The construction of the
circulation system will be phased in accordance with the Village 8 West SPA’s Public
Facilities Financing Plan (PFFP), such that the development of the circulation system
will respond to 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 new, high-
quality, energy-efficient mixed-use Town Center. The integration of commercial,
office and multi-family residential uses is designed to enhance the image and
appearance of the Otay Ranch community and provide a local employment center.
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. Public Facilities and Services
Schools: To fulfill educational needs of students residing in Village 8 West an 11.1-
acre Elementary School site has been reserved as described in the PFFP for acquisition
by the Chula Vista Elementary School District. The Chula Vista Elementary School
District will be able to accommodate the additional students generated by the Project,
and the existing schools will not be adversely impacted by the approval of the Project.
Wastewater: 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, have been analyzed in the PFFP. 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.
Parkland: The Project has been conditioned to dedicate parkland for one neighborhood
park, the Town Square, and the on-site portion of the Otay Ranch North Community
Park. The total dedicated park acreage is expected to be approximately 23.4 acres
overall, which exceeds the acreage required for Village 8 West (19.8 acres are
required). The excess acreage will be applied to the Village 9 park obligation. Phasing
of park facilities and maintenance has been addressed in the PFFP. The actual park
facilities and amenities will be determined in conjunction with the park master plan
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process for each individual park. The Applicant will also be required to pay park
acquisition and development fees pursuant to the provisions in the Village 8 West Park
Agreement.
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
subdivision for conformance with City safety policies and have determined that the
proposal meets 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, and therefore energy-efficient homes will be developed.
4. Housing
The Project will provide a variety of housing types, including high-quality, market-rate
single-and multi-family residential home ownership opportunities, as well as affordable
housing opportunities, as required by the Affordable Housing Program prepared for
Project. The Project has been conditioned to require that the Applicant enter into an
agreement to provide affordable housing prior the approval of the first Final Map. Thus,
the Project is consistent with the Housing Element of the City’s General Plan, providing
additional opportunities for high-quality, market-rate single-family residential home
ownership in the southeastern portion of the City.
5. Growth Management
The Project complies with applicable Growth Management Element requirements
because a PFFP (2013) and Supplemental PFFP (2019) have been prepared as required
by the GMOC. These PFFP requirements have been included in the Project’s conditions
of approval.
6. Environmental Element
The Project has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it was determined that the Project is substantially covered in
the previously certified Final Environmental Impact Report for Village 8 West (FEIR
10-03), which addressed the goals and policies of the Environmental Element of the
General Plan and found the development of Village 8 West to be consistent with these
goals and policies. A Sewer Evaluation Amendment Report, a Water Evaluation
Amendment Report, an Air Quality and Greenhouse Gas Update, a Noise Update
Analysis, a Trip Generation Analysis, a Geotechnical Review of the Tentative Map,
and a Cultural and Paleontological Resources Review have been prepared, reviewed
and approved by City Staff. The Development Services Director determined that only
minor technical changes or additions to FEIR 10-03 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 Director caused the
preparation of an Addendum to FEIR 10-03 (IS19-0002).
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7. Open Space and Conservation
The Project meets the minimum open space requirement in accordance with the Village
8 West SPA Plan and Planned Community District Regulations/Form-Based Code. The
Project generates a demand of 23.4 gross acres of parkland. This obligation will be met
through the dedication and development/in-lieu fees for a Neighborhood Park, a Town
Square and a portion of the Otay Ranch North Community Park.
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. Approximately 261.2 acres will be conveyed to the
Otay Ranch Preserve Owner Manager via grant deed. The Project is consistent with the
requirements of the Otay Ranch RMP and Multi-Species Conservation Program
(MSCP) Subarea Plan.
The proposed landform grading conforms to the City's Grading Ordinance and retains
regional and natural open space features. The development of the Project Site is
consistent with the goals and policies of the Conservation Element.
8. 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.
9. 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 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 Council
certifies that it has considered the effect of this approval on the housing needs of the region
and has balanced those needs against the public service needs of the residents of the 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 meets the following requirements:
a. The Project is consistent with applicable general and specific plans as specified in
Section 65451 because the General Plan designations for Otay Ranch allow for a
maximum of 2,334 residential units within Village 8 West and the Project proposes
2,334 residential units. The Project is within a SPA/Specific Plan area.
b. Project design or improvement is consistent with applicable general and specific
plans. The Project’s design is consistent with the Village 8 West SPA Plan and its
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form-based code/zoning classifications which are consistent with the General
Plan’s land use designations for Otay Ranch.
c. Project Site is suitable for the proposed density of development. The Project
development is within the allowed density range, with a maximum yield of 2,334
residential units and up to 300,000 commercial/office square feet.
d. Project Site is physically suitable for the type of development. The Project is
surrounded by existing and entitled (future) planned community developments 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 suitable
separation between homes, is able to be served by fire and emergency services and
is located over 500 feet from a major highway.
g. The 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 development because it will be developed in conformance
with the Otay Ranch Village 8 West Sectional Planning Area Plan and associated FEIR-
10-03, 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 conditions herein imposed on the entitlement contained herein are 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
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
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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.
A. General Conditions
1. The Applicant, or his/her successors in interest, shall improve the Project Site as described
in the Tentative Subdivision Map, Chula Vista Tract Number 19-03, generally located
south of the existing terminus of La Media Road, and southwest of the intersection of
Magdalena Avenue and Main Street.
2. The Project shall comply with the General Plan, the General Development Plan, and the
Village 8 West SPA Plan, and all supporting documents including but not limited to the
Public Facilities Finance Plan, the Air Quality Improvement Plan, the Non-Renewable
Energy Conservation Plan, the Affordable Housing Plan, and the City of Chula Vista
Standard Tentative Map Conditions ("STMC")(Subdivision Manual Section 5-300), as
referenced hereto and incorporated herein.
3. The Applicant shall pay in full any unpaid balance for the Project, including Deposit
Account DDP1539.
4. Prior to the issuance of the 1,167th residential building permit for the Village 8 West
Project, the Applicant shall obtain approval of a Final Map, grading plan and improvement
plans that ensure that the Community Purpose Facility (CPF) Site Lot R is graded and in
a usable condition, including installation of necessary access and utilities, to the
satisfaction of the Development Services Director.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Otay Ranch Village 8 West
SPA Plan Environmental Impact Report (FEIR 10-03) and associated Mitigation
Monitoring and Reporting Program (MMRP), as well as any relevant MMRP measures
in the University Villages (Village 8 East) Environmental Impact Report (FEIR 13-01),
within the timeframe specified in the respective MMRPs.
6. The Applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) for review
and approval prior to approval of the Final Map. Said CC&Rs shall include the following,
in addition to the requirements of STMC 34:
a. Indemnification of City for private sewer spillage.
b. Indemnification of City-General.
c. Listing of maintained private facilities.
d. The City's right but not obligation to enforce the CC&Rs.
e. Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage obligees have signed a written petition.
f. Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping.
g. Implement education and enforcement program to prevent the discharge of
pollutants from all on-site sources to the storm water conveyance system.
h. Said CC&Rs shall be consistent with CVMC Chapter 18.44, the Subdivision
Ordinance, and shall be recorded concurrently with the Final Map.
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7. The CC&Rs 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 intonation during any real estate transaction or prior to lease
signing, as required by the Brown Field Airport Land Use Compatibility Plan (ALUCP):
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. 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.
b. A copy of this 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 the 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.
9. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
8 West 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.
a. 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.
b. 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.
c. 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.
10. The Applicant shall dedicate, with the applicable Final Map, for public use all the public
streets shown on the Tentative Map within the subdivision boundary and as specified in
Otay Ranch Village 8 West SPA Plan Public Facilities Finance Plan Table 4.1.3A, “Project
Access and Direct Traffic Mitigation Threshold Requirements” and Table 4.1.4, “Internal
Street Improvements.”
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a. The Applicant shall secure and agree to construct all backbone roadway
improvements shown on the approved Village 8 West Tentative Map (CVT19-03)
prior to approval of the first Final “A” Map within Village 8 West, satisfactory to
the City Engineer and City Attorney.
b. The Applicant shall be required to secure and agree to construct all in-tract street
improvements shown on the approved Village 8 West Tentative Map (CVT 19-03)
prior to approval of each corresponding Final “B” Map, satisfactory to the City
Engineer and City Attorney.
11. Prior to approval of any Final Map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
12. Prior to submittal of any Design Review application, the Applicant must obtain Master
Developer Approval.
13. Prior to the first Final Map for the Town Center, Applicant shall submit and obtain approval
by the City of a Master Precise Plan and Planned Sign Program for the Town Center. The
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 the Town Center, to the satisfaction
of the City Engineer and Development Services Director.
14. Prior to issuance of the 2,241st Building Permit, the Applicant shall either construct 23,400
square feet of commercial/office space or the Applicant shall off-set the revenue shortfall
in Years 7 and 8 with a one-time payment to the City of Chula in the amount of $41,644.
15. Prior to approval of a Design Review application that includes any portion of Parcel H (as
shown on Tentative Map No. 19-03 as Parcels H-1A, H-1B, H-1C and H-1D), the Village
8 West Master Developer or Parcel H Developer shall prepare a Parcel H Conceptual
Commercial Site Plan that distributes the minimum 20,000-square foot of commercial
office/retail required per the SPA Site Utilization Table between Parcels H -1A, H-1B, H-
1C, H-1D. Said plan shall be comprised of a 1:100’ scale exhibit addressing conceptual
building placement, approximate commercial square footage per parcel/neighborhood lot,
parking lot/drive aisle locations, vehicular and pedestrian circulation and access and master
signage locations. Architecture, landscaping, lighting, walls, bicycle storage, internal
courtyards and open space areas, building signage and other design elements shall be
addressed on individual Design Review submittals. The Parcel H Conceptual Commercial
Site Plan shall be subject to review and approval of the Development Services Director, or
his designee. If the Master Developer or Parcel H Developer’s Design Review application
includes the minimum 20,000-square foot of commercial office/retail required for the
entire Parcel H area, then the Parcel H Conceptual Commercial Site Plan shall not be
required.
16. Prior to approval of a Design Review application that includes any portion of Parcel L
(shown on Tentative Map No. 19-03 at Parcels L-A, L-B, L-C and L-D), the Village 8 West
Master Developer or Parcel L Developer shall prepare a Parcel L Conceptual Commercial
Site Plan that distributes the minimum 87,000-square foot of commercial office/retail
required per the SPA Site Utilization Table between Parcels L-A, L-B, L-C, L-D. Said plan
shall be comprised of a 1:100’ scale exhibit addressing conceptual building placement,
approximate commercial square footage per parcel/neighborhood lot, parking lot/drive
aisle locations, vehicular and pedestrian circulation and access and master signage
locations. Architecture, landscaping, lighting, walls, bicycle storage, internal courtyards,
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open space areas, building signage and other design elements shall be addressed on
individual Design Review submittals. The Parcel L Conceptual Commercial Site Plan shall
be subject to review and approval of the Development Services Director, or his designee.
If the Master Developer or Parcel L Developer’s Design Review application includes the
minimum 87,000-square foot of commercial office/retail required for the entire Parcel L
area, then the Parcel L Conceptual Commercial Site Plan shall not be required.
B. Fire
17. Prior to the issuance of the first Building Permit within Planning Areas U, S, O, M, E and
I, provide an off-site fuel management program per Section 9.4 “Off-Site Fuel
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.
a. Parcel “V” (Lots 22-33) are required to provide access to adjacent fuel management
zones and are required to be maintained by the Master HOA (in accordance with
the approved FPP). These requirements shall also be codified in the CC&Rs.
b. Prior to approval of the first Final “A” Map within Village 8 West, the Applicant
shall provide funding to the City of Chula Vista for the preparation of a Village 8
Fire Station Trigger Analysis to address the timing and location of a new fire station
to serve the buildout of Otay Ranch Villages 8 West and 8 East. The Applicant
agrees to comply with the recommendations of the final Village 8 Fire Station
Trigger Analysis.
C. Public Facilities
18. Prior to construction of a Bus Rapid Transit or Rapid Bus Transit Station in the Town
Center, the entity responsible for said construction shall obtain approval of improvement
plans to the satisfaction of SANDAG, MTS and the Development Services Director.
19. Prior to approval of the Final Map that contains the public transit (local bus) facilities, the
Developer shall provide a deposit in the amount of $20,000 for each local bus stop, payable
to the City of Chula Vista, for a Capital Improvement Project for future transit
improvements, or enter into an agreement to construct future transit improvements to the
satisfaction of the City Engineer and Development Services Director.
20. Prior to approval of the first Final Map or the issuance of the first Grading Permit for the
Village 8 West Project, whichever occurs first, the Applicant shall provide all of the
following:
a. Evidence satisfactory to the Development Services Director, that the Applicant has
entered into a binding and properly executed agreement with the City of San Diego
to construct a new City of San Diego waterline at a location that has been approved
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by the City of Chula Vista Waterline Agreement to replace the existing waterline
located within Village 8 West.
b. Evidence that the City of San Diego has abandoned or has agreed to abandon any
water main easements not needed as a consequence of the relocation of the City of
San Diego Waterline within Village 8 West.
c. Submit grading and improvement plans for the approval of the Development
Services Director, including security for completion of said work (or proof of
security in which City of Chula Vista has a right thereto), for the construction of
the new City of San Diego waterline in accordance with the provisions of the
Waterline Agreement. The improvement plans shall depict the closure or
abandonment of the existing water line in accordance 'with standard engineering
practices.
d. Enter into an agreement with the City of Chula Vista to defend, indemnify and hold
harmless the City, its elected and appointed officers and employees, from and
against any and all claims, causes of action, demands, suit , actions or proceedings,
judicial or administrative, for writs, orders, injunction or other relief, damages,
liability, cost and expense (including without limitation attorneys' fees) arising out
of, connected with or incidental to the construction of the new City of San Diego
waterline and the closure and abandonment of the old waterline, or from any and
all City action, conduct or matter related thereto.
21. Prior to approval of the first Final Map, the Applicant shall provide evidence that they have
obtained approval from Otay Water District for the amendment to the Otay Ranch Village
8 West Subarea Master Plan (SAMP).
D. Affordable Housing
22. Prior to approval of the first Final Subdivision Map for the Project, the Developer 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, schedules and the following building permit threshold
requirements, as described in the Affordable Housing Plan: the first or “Initial Phase” for
construction of the low and moderate-income housing units shall be comprised of 100% of
the required 117 qualified low-income housing units and shall commence construction
prior to the issuance by the City of the 1,167th production Building Permit within Village
8 West (Initial Phase). Construction of the required 117 moderate-income housing units
shall commence prior to the City's issuance of the 2,100th production Building Permit
(Final Phase). Such agreement may also identify alternative methods of compliance at the
approval and sole discretion of the City and as set forth and in compliance with the
Affordable Housing Plan and the City’s Balanced Communities Policy Guidelines, as may
be amended from time to time.
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E. Grading
23. 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-foot wide level bench for
landscaping and maintenance access adjacent to the wall.
24. Prior to the 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.
25. 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 guard rail
improvements at these locations. The Applicant shall construct and secure any required
guard rail improvements in conjunction with the associated Construction Permit as
determined by and to the satisfaction of the City Engineer. The guard rail 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.
26. The Applicant shall ensure that all private lot drainage and slopes comply with the current
Building Code used by the City of Chula Vista.
27. Prior to the approval of each Grading Permit issued by the City, including for the Reservoir
Site, the Applicant shall provide a notarized letter of permission for all off-site grading
work that is to be included in each of the Grading Permits.
F. Parks
28. Prior to approval of the first Final “A” Map, the Applicant shall provide two irrevocable
offers of dedication (IODs) on the map for a total of 14.8 usable acres of community park
land. One of the two community parkland IODs shall consist of 12.3 usable acres of
community parkland related to a portion of the overall park obligation for Otay Ranch
Village 8 West. The second IOD shall consist of 2.5 usable acres of community parkland
related to a portion of the overall park obligation for Otay Ranch Village 9. Said IODs are
subject to the review and approval of the Development Services Director.
29. Prior to approval of the first Final “A” Map, the Applicant shall enter into a Parks
Agreement with the City for the purpose of addressing parkland obligations including but
not limited to parkland acreage (Lots A, T, & G1-G2), other potential IODs within Village
8 West for the neighborhood park (Lot T) and Town Square park (Lots G1-G2), budgets,
design, construction, maintenance, and timing.
30. The Park Master Plans for Lots A, T & G1-G2 shall comply with the provisions of the City
of Chula Vista Parks and Recreation Master Plan as adopted, as may be amended from
time to time, and as it affects facility and other related requirements for the Project's parks.
Design and development of each park shall be as stated in the Parks Agreement.
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G. Trails
31. The Landscape Master Plan and Grading Plans for Planning Areas P and N shall provide
neighborhood trail connections passing between single family homes in Planning Area N
(approximately Lots 4-5, 25-26 and 67-68) and Planning Area P (approximately Lots 24-
25, 45-46 and 84-85). Trails shall maintain the minimum required width of 6 feet. In other
areas, neighborhood trails shall maintain a minimum of 6 feet of trail within an 8-foot-wide
bench, as shown on approved Tentative Map No. 19-03, Sheet 8, Typical Neighborhood
Trail Detail, to the satisfaction of the Development Services Director.
32. The Applicant shall rough grade, provide all weather access to, and install all underground
utilities to the property line of the park sites (A, G1, G2, and T) to the satisfaction of the
Director of Development Services and the Fire Marshall concurrent with the installation of
project backbone streets for any portion of the Project adjacent to the park sites or upon
request of the Director of Development Services, whichever occurs earlier.
33. The Applicant shall grant an easement on the first Final “A” Map for recreational trails
and utility access and shall secure the construction of the Chula Vista Regional Trail
improvements from Calle Mayfair to the Village 8 West southern boundary as described
on TM 19-03, Avenida Caprise, Street Section 14 (Phase 2). Construction timing shall be
at the discretion of the Director of Development Services.
34. Prior to approval of the first Final “A” Map, the Applicant shall grant an easement for
recreational trail and utility access and shall secure the construction of the Chula Vista
Regional Trail improvements from the southern boundary of Village 8 West to the future
Chula Vista Greenbelt Trail (Salt Creek Sewer Easement), as described on TM 19-03,
Avenida Caprise, Street Section 12 (Phase 2). Construction timing shall be at the
discretion of the Director of Development Services.
35. In conjunction with the backbone street improvements, the Applicant shall provide a
regional trail, through the Town Center, which is clear of obstructions except for the
provision of emergency exit doors for adjacent buildings.
36. Prior to ‘Phase 2 improvements’ for Avenida Caprise (completion of the regional trail
connection to OVRP) the Applicant shall design and install the ‘Greenbelt Trail kiosk’
within the neighborhood park (Lot T), corner of La Media and Avenida Caprise, at grade
with adjacent regional trail.
37. Prior to approval of the first Final “A” Map, the Applicant shall submit an entire Village 8
West Landscape Master Plan which shall reflect changes shown within the amended SPA
and supporting documents, including trail realignment and cross-sections.
H. Landscape/Walls/Fences
38. Prior to approval of the first Final Map, the Applicant shall provide bonds for Landscape
& Irrigation (L&I) Improvements Plans related to erosion control, backbone, and
neighborhood streets. The amount of the security for any required improvements not
constructed at the time of the Final Map shall be based on a construction cost estimate
approved by the Director of Development Services, or Designee, as follows: 1) 110% times
the approved estimate if improvement plans have been approved by the City; 2) 150%
times the approved estimate if improvement plans are being processed by the City, and; 3)
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200% times the approved estimate if improvement plans have not yet been submitted for
City review.
39. Prior to recordation of each 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. Evidence of legal and physical access for maintenance
purposes shall be provided to the satisfaction of the Preserve Owner Manager.
40. 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 Section 4.2.4, Landscape Master Plan, and other applicable City of
Chula Vista 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.
41. Prior to recordation of each Final Map, all slope and open space HOA maintenance areas
shall be individually lotted on said Final Map to the satisfaction of the Development
Services Director.
I. Conservation
42. Prior to issuance of the first Building Permit or other discretionary permits for mixed use,
multi-family, or other non-residential developments within the Project Site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 - Solid Waste and
Liner, 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 pick-up of individual trash, recycling and green waste
containers (3 total), as approved for a small-quantity generator (single family
residential use).
J. On-going Conditions
43. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
a. 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.
b. 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,
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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.
c. 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.
d. 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, Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan - Phases 1 and 2; Otay Ranch Overall Design Plan; Otay Ranch
Village 8 West Sectional Planning Area (SPA) Plan and supporting documents
including but not limited to: Public Facilities Finance Plan and supplemental PFFP;
Air Quality Improvement Program, Affordable Housing Program 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.
e. 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.
f. The Applicant shall comply with all applicable Village 8 West SPA conditions of
approval (MPA19-0011), as may be amended from time to time.
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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 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 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/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
Erin Ruhe, Vice President Date
HomeFed Village 8, LLC.
Signature of Applicant
Erin Ruhe, Vice President Date
HomeFed Village 8, LLC.
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Resolution No. 2020-034
Page No. 17
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.
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 19-03 for Otay Ranch Village 8 West in conjunction with the Village 8
West SPA Plan Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2020-034
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Presented by Approved as to form by
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 18th day of February 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
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. 2020-034 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of February 2020.
Executed this 18th day of February 2020.
Kerry K. Bigelow, MMC, City Clerk
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Exhibit A – Location Map
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