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HomeMy WebLinkAboutReso 2021-124RESOLUTION NO. 2021-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE THREE PARCELS R- 6 AND R-20 (CVT-20-0005) PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN 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 3 and a Portion of Village 4 Sectional Planning Area (SPA), Parcel R-6 (APNs 644-062-01- 00 through 644-062-47-00) and R-20 (APN 644-060-13-00), consisting of approximately 57.32 acres, and generally located at the southeast corner of Main Street and Heritage Road (the “Project Site”); and WHEREAS, in December 2014, the Village 3 and a Portion of Village 4 Sectional Planning Area (SPA) Plan was approved by Chula Vista City Council Resolution 2014-234 and Tentative Map (CVT-13-02) was approved by Chula Vista City Council Resolution 2014-237; and WHEREAS, relative to Parcel R-6, in December 2016, an amendment to the SPA Plan was approved by City Council Resolution 2016-254 and a Subdivision Map was Recorded as San Diego County Assessor Map No. 16160 (CVT 16-02) to implement the Village 3 and a Portion of Village 4 SPA Plan; and WHEREAS, relative to Parcel R-20, in May 2006, the Villages Two, Three and a Portion of Four SPA Plan was approved by Chula Vista City Council Resolution 2006-155; and WHEREAS, relative to Parcel R-20, a lot line adjustment was recorded in December 2004 with the San Diego County Assessor as Instrument No. 2004-1159742; and WHEREAS, on June 15, 2020, a duly verified application requesting approval of an amendment to the Village 3 and a Portion of Village 4 SPA Plan (MPA20-0017) and a new Tentative Subdivision Map (PCS20-0005) for Village 3 Parcels R-6 and R-20 (Project), were filed with the City of Chula Vista Development Services Department by HomeFed Village III Master, LLC/FlatRock Land Company, LLC (the “Applicant” or “Owner”); and WHEREAS, the Applicant requests approval of a Tentative Map to subdivide 57.32 acres into ten lots supporting 194 residential units and open space on the Project Site (78 units on R-6 and 116 units on R-20) (the “Project”); and WHEREAS, the City’s Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 2 Project is substantially covered in the previously certified Final Environmental Impact Report for Village 3 and a Portion of Village 4 (Village 3) (FEIR 13-01/SCH # 2013071077), that only minor technical changes or additions to this document are necessary, and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Director of Development Services has caused the preparation of an Addendum to FEIR 13-01 (IS20-0003) for consideration; and WHEREAS, a hearing time and place was set by the Planning Commission 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 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 13-01 (IS20-0003), pursuant to Resolution No. 2021-120; and WHEREAS, immediately prior to this action, the City Council approved a General Plan Amendment (MPA20-0018) and an Otay Ranch General Development Plan Amendment (MPA20- 0019), pursuant to Resolution No. 2021-121; and WHEREAS, immediately prior to this action, the City Council approved the Village 3 SPA Plan Amendment (MPA20-0017), pursuant to Resolution No. 2021-122. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find and determine, as follows: DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 3 I. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map (CVT-20-0005), as conditioned herein for Otay Ranch Village 3 Parcels R-6 and R-20, are 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 3 SPA Plan by establishing developable parcels, public improvements and public facilities that will create an active mixed-use urban pedestrian village with a village core that contains complementary land uses, including community purpose facilities, public schools and parks, and residential neighborhoods that offer a variety of housing types and densities. Village 3 is comprised of integrated commercial, residential Community Purpose Facility and public uses that would encourage use of alternative modes of transportation and reduce reliance on the automobile. Village 3 also contains a business park that provides a strong employment base for the residents of Village 3 and City and supports economic development goals of the general plan. The Project will be designed to encourage residents to utilize modes of transportation such as local bus service, pedestrian sidewalks and trails, and bicycle lanes. Village 3 has been designed to include a vehicle circulation system that complies with the requirements of the City of Chula Vista’s General Plan, Otay Ranch General Development Plan and Otay Ranch Village 3 SPA Plan. The Project’s circulation system connects to a hierarchy of streets, each providing accommodations for pedestrian walkways and bicycle ways. The construction of the Village 3 circulation system will be phased in accordance with the Village 3 SPA’s Public Facilities Financing Plan (PFFP), such that the development of the circulation system will precede planned growth and maintain acceptable levels of service, as required by the City’s Growth Management Program. 2. Economic Development The Project will contribute to the residential development of the City which provide for a range of single family and multi-family residential product types that will enhance the image and appearance of the Otay Ranch community and will benefit the local economy. The development of the Village 3 business park provides a strong employment base along with a mixed-use commercial area. Approval of the Project will provide additional multi-family homes in Village 3 that will help achieve the DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 4 General Plan objectives that seek to a variety of housing opportunities to help the City achieve its housing goals. 3. Public Facilities and Services Schools: To fulfill the educational needs of students residing in Village 3 an 8.3-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: A total of 14.92 acres of parkland are required to satisfy the Village 3 parkland obligation. The Applicant dedicated and constructed an 8.1-acre neighborhood park on-site and dedicated 4.7 acres within the Otay Ranch North Community Park. The remaining parkland obligation associated with the build-out of Village 3 is approximately 2.21 net acres, which may be satisfied within either the Village 4 P-2 Otay Ranch Community Park North or Village 8 East P-2 Otay Ranch Community Park South, or a combination of both. The actual future park facilities and amenities will be determined in conjunction with the park master plan process for each individual park. The Applicant will also be required to pay parkland development fees pursuant to the provisions in the Village 3 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 and the 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. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 5 4. Housing Village 3 includes 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 Village 3 Affordable Housing Program. The Project includes market-rate for sale multi-family homes. The Project has been conditioned to require that the Applicant enter into an amended Balanced Communities Affordable Housing Agreement to address the remaining affordable housing obligation associated with the Project prior to approval of a Final Map for Parcels R-6, R-19 or R-20, whichever map comes first. Thus, the Project is consistent with the Housing Element of the City’s General Plan. 5. Growth Management A PFFP (2014) and Supplemental PFFP (2021) have been prepared as required by the Growth Management Element. 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 3 (FEIR 13- 01), which addressed the goals and policies of the Environmental Element of the General Plan and found the development of Village 3 to be consistent with these goals and policies. An Overview of Sewer Service Update, an Overview of Water Service Update, an Air Quality and Global Climate Change Technical Memorandum, a Noise Assessment Technical Memorandum, a Trip Generation Review Memorandum, a Geotechnical Investigation Letter, an Archeological Evaluation of Cultural Resources Letter, a Health Risk Assessment and Nuisance Study, a Biological Resources Technical Memorandum, a Paleontological Resource and Monitoring Letter, a Drainage Study, a Priority Development Project Storm Water Quality Management Plan, and a Paleontological Resource and Monitoring Letter have been prepared, reviewed and approved by City Staff. The Director of Development Services determined that only minor technical changes or additions to FEIR 13-01 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 caused the preparation of an Addendum to FEIR 13-01 (IS20-0003). DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 6 7. Open Space and Conservation The Project meets the minimum open space requirement in accordance with the Village 3 SPA Plan and Planned Community District Regulations. 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. The Village 3 conveyance obligation is approximately 277.9 acres. Prior to approval of Final Map 16160, the Applicant provided the City with a grant deed for a total of 275.286 acres. Any remaining conveyance obligation much be met prior to approval of each Final Map with the conveyance of land to the Otay Ranch Preserve Owner Manager via grant deed. The Project is consistent with the requirements of the Otay Ranch Resource Management Plan 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 and the 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. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 7 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 39,879 residential units in the overall Otay Ranch General Development Plan (GDP) and the Project is not proposing to add additional residential units to this authorization. The Project is within a SPA Plan area. b. Project design or improvement is consistent with applicable general and specific plans. The Project’s design is consistent with the Village 3 SPA Plan zoning classifications which are consistent with the General Plan and GDP 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 194 residential units. d. Project Site is physically suitable for the type of development. The Project is surrounded by existing and entitled (future) planned community developments with planned 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 DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 8 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 SPA Plan and associated FEIR 13-01, which contain provisions to ensure that the site is developed in a manner that is consistent with the standards established by the City for a master–planned community. F. The conditions herein imposed on the entitlement contained herein are approximately proportional both in nature and extent to the impact created by the proposed development. II. 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 Director of Development Services 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 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 20-0005, generally located east of the intersection of Heritage Road and Main Street. 2. The Project shall comply with the General Plan, the General Development Plan, the Village 3 SPA Plan, the Tentative Map CVT 16-02 per Resolution No. 2016-255 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 Program, and the City of Chula Vista Standard Tentative Map Conditions (STMC) (Subdivision Manual Section 5-300), as referenced hereto and incorporated herein. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 9 3. The Applicant shall pay in full any unpaid balance for the Project, including Deposit Account DDA0697. 4. The Applicant shall implement, to the satisfaction of the Director of Development Services and the City Engineer, the mitigation measures identified in the University Villages Environmental Impact Report (FEIR 13-01) and associated Mitigation Monitoring and Reporting Program (MMRP), within the timeframe specified in the respective MMRPs. 5. Prior to issuance of the first Building Permit in R-20, the Applicant shall annex the R-20 Parcel into the Village 3 Master Homeowners Association. 6. The following condition shall replace STMC #10: The Applicant shall construct public facilities in compliance with the Otay Ranch Village 3 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 Director of Development Services 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 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. b. 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. 7. 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 Director of Development Services and City Engineer. 8. Prior to submittal of any Design Review application, the Applicant must obtain Master Developer Approval. 9. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of 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 DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 10 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 the annual report monitoring the development of the community of Otay Ranch. The annual report monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards as occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere the GDP/SRP, as amended from time- to-time. B. Public Facilities 10. Prior to approval of any Final Map, the Applicant shall provide evidence that they have obtained approval from Otay Water District for the amendment to the Otay Ranch Village 3 Subarea Master Plan (SAMP). 11. Prior to the approval of the Final Map that includes Neighborhood R-20, Applicant shall bond and agree to construct Main Street between Heritage Road and the eastern boundary of Village 3, to the satisfaction of the Director of Development Services. 12. Prior to the approval of each Grading Permit issued by the City, the Applicant shall provide a fully executed amendment to the existing Village 3 North Storm Water Maintenance Agreement for the maintenance of the proposed basin south of Main Street adjacent to Parcel R-20. 13. Prior to approval of any Final Map the Applicant shall demonstrate to the satisfaction of the Director of Development Services that a funding mechanism is in place to fund the perpetual maintenance of storm water treatment facilities, including, but not limited to, the proposed bioretention basin located adjacent to R-20. 14. Prior to approval of the Grading Permit for Parcels R-6/R-20, the water quality treatment BMP design must be approved to the satisfaction of the Director of Development Services and the City Engineer. The detention basin and modular wetland units represented in the TM may require additional refinement, including revisions to the size, type, and location of BMP’s. C. Affordable Housing 15. Prior to approval of the first Final Subdivision Map for Parcels R-6, R-19 or R-20, whichever map comes first, the Developer shall enter into an amended Balanced Communities Affordable Housing Agreement (Otay Ranch Village 3) to address the remaining Village 3 affordable housing obligation. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 11 D. Grading 16. 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. 17. The Applicant shall ensure that all private lot drainage and slopes comply with the current Building Code used by the City of Chula Vista. E. Parks and Open Space 18. Prior to approval of the first Final Map for Parcels R-6, R-19 or R-20, the Applicant shall enter into an amended Village 3 Parks Agreement with the City for the purpose of addressing the remaining Village 3 parkland obligation of approximately 2.21 net acres, which may be satisfied within either the Village 4 P-2 Otay Ranch Community Park North or Village 8 East P-2 Otay Ranch Community Park South, or a combination of both, to the satisfaction of the Director of Development Services. 19. Prior to approval of the first Final Map in Parcels R-6, R-19 or R-20, whichever comes first, the Applicant shall provide the City with an Irrevocable Offer of Dedication (IOD) for 2.21 net acres of parkland within either the Village 4 P-2 Otay Ranch Community Park North or Village 8 East P-2 Otay Ranch Community Park South, or a combination of both, to the satisfaction of the Director of Development Services. 20. Prior to approval of the first Final Map for the Project, the Applicant shall initiate the process to update the budget for Community Facilities District (CFD) No.18M to include the landscape maintenance costs for Open Space Lots 9 and 10 as depicted on the approved Village 3 Tentative Map (CVT No. 16-02). The updated budget for CFD No. 18M shall be completed prior to the City accepting Open Space Lots 9 and 10, to the satisfaction of the Director of Development Services or their designee. 21. Prior to the approval of the first Final Map for the Project, the Applicant shall initiate the process to annex parcel R-20 into CFD No. 18M and initiate an amendment to the budget for CFD No. 18M to include additional tax revenues generated from the R-20 development area and the landscape maintenance costs for slopes adjacent to Parcel R -20, to the satisfaction of the Director of Development Services or their designee. F. Trails 22. Prior to approval of the first Design Review for Parcels R-6 or R-20, the Applicant shall complete necessary environmental compliance for the offsite Chula Vista Greenbelt Trail DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 12 segment located south of Village 3 between the southwestern boundary and the southeastern boundary of the R-6 and R-20 Tentative Map (CVT20-0005), to the satisfaction of the Director of Development Services. 23. Prior to approval of the first Final Map, the Applicant shall obtain approval of and record an easement for public trail purposes for the offsite Chula Vista Greenbelt Trail segment located south of Village 3 between the southwestern boundary and the southeastern boundary of the R-6 and R-20 Tentative Map (CVT20-0005) and within the boundaries of the R-6 and R-20 Tentative Map (CVT20-2005), to the satisfaction of the Director of Development Services. 24. Prior to approval of the first Final Map, the Applicant shall post appropriate security for the construction of Chula Vista Greenbelt Trail improvements for the offsite Chula Vista Greenbelt Trail segment located south of Village 3 between the southwestern boundary and the southeastern boundary of the R-6 and R-20 Tentative Map (CVT20-0005) and within the boundaries of the R-6 and R-20 Tentative Map (CVT20-0005) limited to the improvements shown on the R-6 and R-20 Tentative Map (CVT20-0005), Sheet 1, Multi- Purpose Greenbelt Trail Detail and consistent with Chula Vista Greenbelt Trail standards, to the satisfaction of the Director of Development Services. 25. At the discretion of the Director of Development Services, the Applicant shall submit and obtain approval of trail improvement plans and shall construct all required trails fencing and signage as depicted on the R-6 and R-20 Tentative Map (CVT20-0005), Sheet 1, Multi- Purpose Greenbelt Trail Detail, consistent with Chula Vista Greenbelt Trail standards. G. Landscape/Walls/Fences 26. Footings and geosynthetic reinforcement grid for retaining walls that may be planted shall not encroach into adjacent properties or public right-of-way subject to approval of the Director of Development Services. 27. Retaining wall(s) along Private Street ‘C’ shall have a decorative finish/appearance (i.e. faux rock, cobble, etc.) to blend in with the surrounding environment. 28. Prior to approval of the Landscape Improvement Plans for the Project, the Applicant shall provide bonds for landscape & irrigation (L&I) improvements plans related to erosion control. The amount of the security for any required improvements 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 DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 13 by the City; and 3) 200% times the approved estimate if improvement plans have not yet been submitted for City review. 29. The following condition shall replace STMC 30: Prior to approval of the First Final Map, the Applicant shall submit an amendment to the Village 3 Landscape Master Plan and obtain approval prior to any submittals of Landscape Improvement Plans for Parcels R-6 or R-20, whichever comes first. 30. The Applicant shall submit a detailed wall/fencing plan with the Design Review Site Plan submittal for each planning area showing that all project walls and fences comply with the approved SPA Plan Village Design Plan, Landscape Master Plan, and other applicable City requirements, to the Director of Development Services 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. 31. Prior to the approval of the Final Map for Parcel R-20, the Applicant shall annex R-20 into the Otay Ranch Preserve CFD No. 97-2, Improvement Area “C.” 32. 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. 33. Prior to recordation of each Final Map, all CFD slope and open space areas shall be designated as individual lots on said Final Map to the satisfaction of the Director of Development Services. H. On-going Conditions 34. 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, DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 14 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 3 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 3 SPA conditions of approval (MPA20-0017), as may be amended from time to time. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 15 III. 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 oth er 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. Erin N. Ruhe, Property Owner Date Erin N. Ruhe, Applicant Date V. 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. DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 7/1/2021 7/1/2021 Resolution No. 2021-124 Page No. 16 VI. 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 20-004 for Otay Ranch Village 3 Parcels R-6 and R-20 in conjunction with the Village 3 SPA Plan Amendment. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 Resolution No. 2021-124 Page No. 17 Presented by Approved as to form by Tiffany Allen 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 June 2021 by the following vote: AYES: Councilmembers: Cardenas, Galvez, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: McCann 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. 2021-124 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 June 2021. Executed this 15th day of June 2021. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 PROJECTBOUNDARYR-6R-20OTAY RIVER VALLEYSHEETS 2& 3SHEETS 2& 4SHEET 5MAIN ST. INTERIM MAIN STREET (FROM QUARRY ACCESS TO CUL-DE-SAC)***INTERIM MAIN STREET ( FROM HERITAGE ROAD TO QUARRY ACCESS)*****MAIN STREET (FULL WIDTH, PER APPROVED V3 TM C.V.T. 16-02)****MULTI-PURPOSE/GREENBELT TRAILNeighborhoodLand UseGross ACUnitsDensityR-6MF5.647813.9R-20MF10.1311611.515.7719412.3AC29.841.271.181.351.672.740.160.140.232.9857.32Acreages are rounded to the nearest 1/100th acre and may vary slightly fromcalculated total.R-6 & R-20 Project SummaryResidential SubtotalLand Use SummaryLand UseNet Useable Pad5.537.0612.58Total Project AreaMSCP Open Space Preserve(OS Lot 1)Basin(OS Lot 2) Open Space(POS-10)Public StreetsOpen Space(OS Lot 6)Open Space(OS Lot 3)Open Space(OS Lot 7)Open Space(OS Lot 4)Open Space(OS Lot 5)Open Space(OS Lot 8)OFSHEETREVISIONSDATE BYNO.PREPARED BY:17LEGENDOWNER/SUBDIVIDERKEY MAPEARTHWORK/GRADING QUANTITIESCIVIL ENGINEERCity Of Chula Vista, CaliforniaOTAY RANCH CITY OF CHULA VISTA, CALIFORNIAOTAY RANCHLEGAL DESCRIPTIONGENERAL NOTESSOURCE OF TOPOGRAPHYSHEET INDEXSHEET 1 - TITLE SHEETSHEET 2 - PROJECT DESIGN FULL WIDTH MAIN STREETSHEET 6 - BOUNDARY ANDPUBLIC UTILITIESVILLAGE 3 R-6 & R-20HUNSAKER& ASSOCIATESGENERAL DESIGN NOTESTENTATIVE MAP CVT-20-0005TENTATIVE MAP CVT-20-0005BENCHMARKEASEMENT & ENCUMBRANCE NOTESENCUMBRANCEVILLAGE 3 R-6 & R-20SHEET 7 - BOUNDARY ANDST SECTIONS AND DETAILSENCUMBRANCENSITE805905CONDOMINIUM NOTEOS-8R-6SHEET 3 - PROJECT DESIGN INTERIM MAIN STREETSHEET 4 - PROJECT DESIGN INTERIM MAIN STREETSHEET 5 - PROJECT DESIGN AND PRIVATE STREET SECTIONSCVT-20-0005DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 QUARRY ACCESSPROJECTBOUNDARYMAIN STREETOS-3WWFFRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWWWWWWWWWWWWWWWWWWWWWWWMSCP PRESERVE EDGELIMITS OF FUEL MOD.F U EL M O D LIMIT S POS-10OS-7OS-8W WF F WWFFF F W W RWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWWWWWWWWWWWWWWWWWWWMAIN STREETPROJECTBOUNDARYFUEL MODLIMITS HERITAGE ROADMAIN STREETRWRWRWRWWWWWOFSHEET27City Of Chula Vista, CaliforniaOTAY RANCH TENTATIVE MAP CVT-2005VILLAGE 3 R-6 & R-20PREPARED BY:HUNSAKER& ASSOCIATESMATCHLINE SEE BELOWSEE SHEETS 4 & 5FULL BUILDOUT OF MAIN STREETINTERSECTION DETAILMATCHLINE AT TOP INSET AT BOTTOM SEE SHEETS 3 & 5MATCHLINE SEE ABOVE SEE SHEETS 3 & 5MATCHLINE SEE MSCP PRESERVE EDGELIMITS OF FUEL MOD.CVT-20-0005DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 WWWWWWWWWWWWWWWWWWWWWWWQUARRY ACCESS MSCP PRESERVE EDGELIMITS OF FUEL MOD.MAIN STREETOS-4OS-2OS-3WFREMAINDER PARCELOS-1MSCPPROJECTBOUNDARYRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWR-20WWWWH ER ITA GE R OADMAIN STREETRWRWRWRWOFSHEET37City Of Chula Vista, CaliforniaOTAY RANCH TENTATIVE MAP CVT-20-0005VILLAGE 3 R-6 & R-20PREPARED BY:HUNSAKER& ASSOCIATESSEE SHEET 5SEE SHEET 4 MATCHLINE SEE INSET BELOWINTERSECTION DETAILMATCHLINE SEE ABOVESCALE: 1"=50'INTERIM MAIN STREETCVT-20-0005DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 WWWWWWWWWWWWWWWWWWWWW WMAIN STREETFUEL MODLIMITS FUEL MODLIMITSPROJECTBOUNDARYMSCP &LIMITS OF FUEL MOD.MSCPBOUNDARYMSCP PRESERVE EDGELIMITS OF FUEL MOD.MSCP PRESERVEEDGE LIMITS OFFUEL MOD.FUEL MODLIMITSPVT. STREET 'A' PVT. STREET 'B'OS-6R-6R-20POS-10OS-4OS-6OS-5OS-7OS-8W F WFFWSTREET 'C'PVT.OS-1MSCPRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWRWPROPOSED PRIVATE STREET 'A'PROPOSED PRIVATE STREET 'B'PROPOSED PRIVATE STREET 'C'OFSHEET47City Of Chula Vista, CaliforniaOTAY RANCH TENTATIVE MAP CVT-20-0005VILLAGE 3 R-6 & R-20PREPARED BY:HUNSAKER& ASSOCIATESSEE SHEET 5SEE SHEET 3 INTERIM MAIN STREETCVT-20-0005DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 OTAY RIVER VALLEYQUARRY ACCESS F U E L M O D LIMIT S FUEL MODLIMITSPROJECTBOUNDARYMSCP &PROJECTBOUNDARYLIMITS OF FUEL MOD.MSCP PRESERVE EDGELIMITS OF FUEL MOD.MSCPBOUNDARYMSCP PRESERVE EDGELIMITS OF FUEL MOD.MSCP PRESERVEEDGE LIMITS OFFUEL MOD.FUEL MODLIMITSPVT. STREET 'A' PVT. STREET 'B'OS-6R-6R-20POS-10OS-4OS-4OS-6OS-2OS-3OS-5OS-7OS-8STREET 'C'PVT.REMAINDER PARCELOS-1MSCPOS-1MSCPOS-1MSCPPROJECTBOUNDARYRWRWRWRWOFSHEET57City Of Chula Vista, CaliforniaOTAY RANCH TENTATIVE MAP CVT-20-0005VILLAGE 3 R-6 & R-20PREPARED BY:HUNSAKER& ASSOCIATESSEE SHEETS 2, 3 & 4 FOR 50 SCALE PLANSLEGENDNTSCVT-20-0005DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 ’” ’” ’” ’” “” “ “ ” “ ” “” ’ VILLAGE 3 R-6 & R-20 TENTATIVE MAP CVT-20-0005 OTAY RANCH City Of Chula Vista, California HUNSAKER& ASSOCIATES 7 6 PREPARED BY:SHEET OF “ ” “ ” “ ” “” “” “ ” CVT-20-0005 DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2 N SITE 805 905 VICINITY MAP VILLAGE 3 R-6 & R-20 TENTATIVE MAP CVT-20-0005 OTAY RANCH City Of Chula Vista, California HUNSAKER& ASSOCIATES 7 7 PREPARED BY:SHEET OF CVT-20-0005 DocuSign Envelope ID: D3E4EA9A-E087-482C-8CC4-FA58747B86E2