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9/95
Rec.Form #R25
RESOLUTION NO. 2006-156
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECTIONAL PLANNING
AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY
DISCTRICT REGULATIONS, VILLAGE DESIGN PLAN,
BUSINESS PARK DESIGN PLAN, PUBLIC FACILITIES
FINANCE PLAN, AFFORDABLE HOUSING PROGRAM AND
OTHER REGULATORY DOCUMENTS ON 1,187.3 ACRES OF
LAND IN VILLAGES TWO, THREE AND A PORTION OF
FOUR OF THE OT A Y RANCH
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and is commonly known as Otay Ranch, Village Two, Three and a
Portion of Four (Property); and
WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan for
Village Two, Three and a Portion of Four was filed with the City of Chula Vista Planning and
Building Department on January 25, 2005 by Otay Project L.P. and Flat Rock Land Company,
LLC (Applicant); and
WHEREAS, the application requests consideration of a Sectional Planning Area (SPA)
including Planned Community District Regulations, Village Design Plan, Business Park Design
Plan, Public Facilities Finance Plan, Affordable Housing Program and other regulatory documents
on 1,187.3 acres ofland in Villages Two, Three and a Portion of Four; and
WHEREAS, the Project is also the subject matter of an amendment to the Otay Ranch
General Development Plan (GDP) to be considered by the Planning Commission and City
Council, wherein the Planning Commission and City Council, in the environmental evaluation of
said amended GDP, relied in part on the original Otay Ranch General Development Plan
Program Environmental Impact Report 90-01, and the Otay Ranch General Development Plan
(GDP) Amendments! Village Two, Three and a Portion of Four SPA Plan Second-Tier
Environmental Impact Report (EIR 02-02) (SCH#2001031120), the candidate CEQA Findings
and Mitigation Monitoring and Reporting Program; and
WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and
determined that the Project would result in a significant impact to the environment, therefore, a
Second- Tier Environmental Impact Report (EIR 02-02) has been prepared; and
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch, Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan (PCM-Ol-
01) and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of
the exterior boundaries of the Project site at least ten days prior to the hearing; and
"~
Resolution No. 2006-156
Page 2
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WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
May 10, 2006, in the Council Chambers located in the Administration Building, 276 Fourth
Avenue, and the Planning Commission voted 5-0 to approve Planning Commission Resolution
PCM-OI-OI recommending to the City Council approval of the Village Two, Three and a Portion
of Four Sectional Planning Area Plan; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on the Village Two, Three and a Portion of Four SPA Plan, and adopting the
ordinance to approve the SPA's Planned Community District Regulations for Village Two, Three
and a Portion of Four.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on May 10, 2006, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record ofthe proceedings for any California Environmental Quality Act (CEQA) claims.
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II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-
Tier Final ErR 02-02, would have no new effects that were not examined in said Final
EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the Otay Ranch, Village Two, Three and a Portion of
Four SPA Plan including: Planned Community District Regulations; Village Design Plan;
Business Park Design Plan; Public Facilities Finance Plan; Affordable Housing Program;
Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy
Conservation Plan; Park, Recreation, Open Space and Trails Plan; Community Purpose
Facility Master Plan; Agricultural Plan; Preserve Edge Plan; and Fire Protection Plan, on
1,187.3 acres of land in Villages Two, Three and a Portion of Four based upon findings
contained herein and is consistent with the City of Chula Vista General Plan, the Otay
Ranch General Development Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning and zoning practice support
their approval and implementation.
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Resolution No. 2006-156
Page 3
IV. SPA PLAN FINDINGS
A. THE OTA Y RANCH VILLAGE TWO, THREE AND A PORTION OF FOUR
SECTIONAL PLANNING AREA (SPA) PLAN IS IN CONFORMITY WITH
THE OT A Y RANCH GENERAL DEVELOPMENT PLAN AND CITY OF
CHULA VISTA GENERAL PLAN.
The Otay Ranch Village Two, Three and a Portion of Four Sectional Planning
Area (SPA) Plan reflects the land uses, circulation system, open space and
recreational uses, and public facility uses consistent with the Otay Ranch General
Development Plan and Chula Vista General Plan.
B. THE PROPOSED OTA Y RANCH VILLAGE TWO, THREE AND A PORTION
OF FOUR SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The Village Two, Three and a Portion of Four SPA Plan and Public Facilities
Finance Plan contains provisions and requirements to ensure the orderly, phased
development of the project.
C. THE PROPOSED OTA Y RANCH VILLAGE TWO, THREE AND A PORTION
OF FOUR SECTIONAL PLANNING AREA (SPA) PLAN WILL NOT
ADVERSEL Y AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Village Two, Three and a Portion of Four SPA
Plan are designed with an open space buffer adjacent to other existing projects,
and future developments off-site and within the Otay Ranch Village Two, Three
and a Portion of Four Sectional Planning Area. The project will provide a variety
of housing types compatible with existing adjacent land uses, as required by the
Otay Ranch General Development Plan. A comprehensive street network serves
the project and provides for access to off-site adjacent properties. The proposed
SP A Plan follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures
specified in the Otay Ranch Village Two, Three and a Portion of Four SPA Final
Second- Tier Environmental Impact Report (EIR 02-02).
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THA T SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The Village Two, Three and a Portion of Four SPA Plan includes Industrial
development that is within the Otay Landfill buffer. The SPA Plan also includes a
Business Park Design Plan that addresses design of the business park.
Resolution No. 2006-156
Page 4
E.
IN THE CASE OF INSTITUTIONAL, RECREA TIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
-
The Village Two, Three and a Portion of Four SPA Plan includes schools, parks
and Community Purpose Facility (CPF) sites. These sites have been located in
areas that are protected from adverse effects from adjoining development.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The circulation system depicted in the SPA Plan is consistent with the Circulation
system identified on the City's General Plan and Otay Ranch General
Development Plan and contains adequate internal circulation consistent with the
policies of the Otay Ranch General Development Plan and the City's General
Plan. Road improvements will be constructed per the timing and threshold
requirements outlined in the SPA Plan Public Facilities Financing Plan.
G.
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALL Y AT THE LOCA TION (S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
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The location of proposed commercial development area in the SPA Plan is
consistent. These commercial uses reflect the Chula Vista General Plan and Otay
Ranch General Development Plan and will provide needed commercial services to
future residents in the area as well as visitors.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The SPA plan is consistent with the approved plans and regulations applicable to
surrounding areas and therefore, said development can be planned and zoned in
coordination and substantial compatibility with said development. The proposed
SPA Plan is consistent with the Otay Ranch General Development Plan and Chula
Vista General Plan, as amended.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the Project.
....-"".
Resolution No. 2006-156
Page 5
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, revoke or further condition issuance
of all future building permits issued under the authority of approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
XII. 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 anyone or more terms, provisions, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
es D. Sandoval, AICP
. ng and Building Director
~)(C N"\\ ~'\~~
Ann Moore
City Attorney
Resolution No. 2006-156
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, -
California, this 23rd day of May 2006 by the following vote:
AYES:
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
iP~
Stephen C. Padilla, Mayor
ATTEST:
ddhM.r&. A0~
Susan Bigelow, MMC, City Clerk
?
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
~"
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2006-156 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of May 2006.
Executed this 23rd day of May 2006.
L~~
...,
r Susan Bigelow, MMC, City Clerk
-,
PROJECT
lOCATION
\
"""t-
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: The Otay Ranch Company
PROJECT South of Olympic Pkwy and _.
ADDRESS: East of Otay Landfill. Village 2, 3 and 4 (Portion)
SCALE: FILE NUMBER: Exhibit A
NORTH No Scale EIR-02-02
J:\plann ing\carlos \Iocators \eir02 02.cdr 02.28.06
Resolution No. 2006-156
Page 8
.....-....",
Exhibit B
SPA CONDITIONS OF APPROVAL FOR OT A Y RANCH VILLAGE TWO, THREE
AND A PORTION OF FOUR
1. 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 Developer(s) as to
any or all of the Property. For the purpose of this document "Developer" shall also mean
"Applicant" .
2. 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.
3. Developer(s) shall indemnify, protect, defend and hold the City its agents, officer and
employees harmless from and against any and all claims, liabilities and costs, including
attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #02- '
02, for the Project and/or any or all entitlements and approvals issued by the City in
connection with the Project.
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4. The Developer(s) shall comply with all requirements and guidelines of the City of Chula
Vista including its General Plan; the City's Growth Management Ordinance; Otay Ranch
General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan;
Ranch Wide Affordable Housing Plan; Otay Ranch Village Two, Three and a Portion of Four
Sectional Planning Area (SPA) Plan and all supporting documents including: Planned
Community District Regulations; Village Design Plan; Business Park Design Plan; Public
Facilities Finance Plan; Affordable Housing Program; Air Quality Improvement Plan; Water
Conservation Plan; Non-Renewable Energy Conservation Plan; Park, Recreation, Open Space
and Trails Plan; Community Purpose Facility Master Plan; Agricultural Plan; Preserve Edge
Plan; and Fire Protection Plan.
5. Prior to the issuance of the 588th building permit, the applicant shall process a SPA Amendment
and Revised Tentative Map to provide a 3.0 to 5.0 acre Community Purpose Facility (CPF) site
in the Village Two Village Core.
6. No rear yard retaining wall shall be greater than 4 ~ feet in height. If a second retaining wall
is to be utilized, the minimum horizontal separation between the two walls shall be 4 ~ feet.
~-'>,
Resolution No. 2006-156
~~gT~e Developer(s) shall implement to the satisfaction of the Director of Planning and Building
all mitigation measures identified in EIR #02-02 (SCH No. 2003091012), the Candidate
CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program. Prior to any
activity that may potentially impact biological resources, such as clearing and grubbing, the
applicant(s) shall comply with all applicable requirements prescribed in the Village Two,
Three and a Portion of Four Environmental Impact Report (EIR 02-02; SCH No.
2003091012), and Mitigation Monitoring and Reporting Program.
8. The Developer(s) shall comply with all requirements and policies of the Otay Ranch
Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and
Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule,
as approved by City Council on June 4, 1996, or as amended from time to time by the City,
and shall enter into an agreement with the City prior to the approval of the first Tentative
Map for this Project, in order to implement the provisions of the Phase 2 Resource
Management Plan.
9. The Developer(s) shall convey fee title, or upon the consent of the Preserve Owner/Manager
(POM) and any lien holder, an easement restricting use of the land to those permitted by the
RMP, to the POM upon the recordation of each final map for an amount of land equal to the
final map's obligation to convey land to the Preserve, as required by the RMP. Where an
easement is conveyed, the Developer(s) shall be required to provide subordination of any
prior lien holders in order to ensure that the POM has a first priority interest in such land.
Where consent and subordination cannot be obtained, the Developer(s) shall convey fee title.
Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be
conveyed. Where an easement is granted, each final map is subject to a condition that fee title
shall be granted upon demand by the POM. The developer further agrees to maintain and
manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until
such time when the POM has accepted the conveyance property.
10. The developer shall reseed areas classified as agriculture (7.11 acres), proposed for inclusion
in the Preserve, with native grasses at the appropriate time of year for impacts to annual
grassland. The Landscape and Irrigation Plans for the project shall identify those areas to be
reseeded and include the proposed seed mix, all of which will be subject to review and
approval of the City's Environmental Review Coordinator.
11. The developer shall be required to retain a City-approved biologist to conduct pre-
construction surveys to determine whether there are burrowing owls on site. The results
from the pre-construction survey shall be submitted to the City's Environmental Review
Coordinator for review and approval prior to initiating any construction activities (including
grading or the removal of vegetation). If there are burrowing owls on site, a relocation plan
shall be prepared and implemented to ensure that burrowing owls are properly relocated.
The relocation plan shall be submitted to the City and the Wildlife Agencies for review and
approval prior to initiating any construction activities.
Resolution No: 2006-156
Page 10
12. Prior to approval of the first "B" map for the Project, at the request of the City Engineer,
Developer(s) shall take all necessary steps to include the Project area within Improvement
Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02).
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13. The Developer(s) shall obtain any necessary permits and comply with any applicable
requirements of the California Department of Fish and Game, California State Water
Resources Control Board, U.S. Department ofFish and Wildlife and the U.S. Army Corps of
Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization
from the U.S. Fish and Wildlife Service and California Department of Fish and Game or
comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take
permit/authorization applicable to the Project.
14. Developer(s) acknowledge that approval of the Otay Ranch Village Two, Three and a Portion
of Four SPA Plan does not constitute approval of the final lot configurations, grading, or
street designs shown within the SPA plan. Modifications must be reviewed and approved by
the City Engineer and Director of Planning and Building, the Planning Commission or the
City Council during the tentative subdivision map process. The ultimate total number of
dwelling units for Village Two, Three and a Portion of Four, resulting from more specific
Tentative Map and Final Map planning and analysis, and/or the Site Plan/Design Review
process, may require a reduction in the number of total units as described in the Village Two,
Three and a Portion of Four SPA Plan and Otay Ranch General Development Plan.
15. Street cross sections shall conform to those standards contained in the Village Two, Three
and a Portion of Four SPA Plan. All other design criteria shall conform to the Otay Ranch
Street Sections contained in the document entitled Design Standards and the Subdivision
Manual both as amended from time to time, ("City Design Standards"). Any proposed
variations from the City Design Standards, which are not addressed in the SPA Plan shall be
subject to approval by the City and indicated on the appropriate tentative subdivision map.
-,
16. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub
Area Master Plan (SAMP) for Village Two, Three and a Portion of Four, as approved by
Otay Water District (OWD), which will also include an analysis of recycled water for open
space slopes. When said SAMP is approved, the Developer(s) shall provide the water and
recycled water improvements in accordance with the SAMP. The SAMP shall be consistent
with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be
responsible for obtaining the approval by OWD of any amendment to the Village Two, Three
and a Portion of Four SAMP in order for the Village Two, Three and a Portion of Four
SAMP to be consistent with the approved SPA Plan prior to the approval of the first map for
the Project.
17. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban-
Wildland Interface Area for Village Two, Three and a Portion of Four, as may be amended
from time to time. Prior to the approval of the first final map, a fire access and water supply
plan prepared by a licensed engineering firm, which has been determined to be qualified in
the sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of
.........
Resolution No. 2006-156
Page 11
Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide
the following items either prior to the issuance of building permit(s) for the Project, or prior
to delivery of combustible materials on any construction site on the Project, whichever
occurs earlier:
a. Water supply consIstmg of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary
water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or
concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs
shall be subject to the approval of the City Engineer and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval by the
City Engineer and Fire Department.
18. The Village Two, Three and a Portion of Four sewer improvements shall be consistent with
the Village Two, Three and a Portion of Four Conceptual Sewer Study, dated January 2006
or a subsequent Sewer Study submitted to and approved by the City Engineer.
19. Developer(s) shall comply with the provisions of the City of Chula Vista Parks and
Recreation Master Plan as adopted and as it affects facilities and other related requirements
for the Project's parks.
20. The Developer(s) acknowledge and agrees to comply with the provisions ofthe City of Chula
Vista Greenbelt Master Plan (September 16, 2003) as adopted and as may be amended from
time to time.
21. Developer(s) agree(s) at Developer(s)'s sole expense, including to but not limited to the
necessary above and/or underground utilities to accommodate the required street trees within the
street tree planting easement and parkway as determined necessary by the Director of General
Services and the City Engineer.
22. Developer(s) shall deliver parkland to satisfy (their) community parkland obligation(s) in a
manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland
obligation shall be located within Village Four. The location of the community parkland
obligation is subject to the approval of the Directors of Planning and General Services.
23. The Developer(s) shall install Chula Vista transit facilities, which may include but not be
limited to benches and bus shelters, in accordance with the improvement plans approved by
the City. Since transit service availability may not coincide with project development, the
Developer(s) shall install said improvements when directed by the City. The Developer(s),
separately and individually, shall enter into (an) agreement(s) with the City prior to approval
ResolutIon No:2006-156
Page 12
of each Developers' first map regarding Developer(s') funding of these facilities. Said transit
stops shall be designed in the manner consistent with the transit stop details as described in
the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and
Director of Planning and Building.
-"
24. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BRT) or
other transit system, the Developer(s) shall enter into an agreement with the City which states
that the Developer(s) will not protest the formation of any potential future regional benefit
assessment district formed to finance the (BR T).
25. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval
of Developers' first Final "B" Map, regarding the provision of affordable housing. Such
agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide
Affordable Housing Plan and the Village Two, Three and a Portion of Four Affordable
Housing Plan. (Engineering)
26. No final "B" maps may be recorded within Village Two, Three and a Portion of Four until
such time that one or more annexable Mello-Roos District(s), or other financing mechanism
approved by the elementary and high school districts to provide for the construction of
needed elementary, middle and high schools, is/are established.
27. If required by the City, the Developer(s), separately and individually, shall enter into
agreements with the City of Chula Vista, prior to approval of each Developers' first final "B"
map within Village Two, Three and a Portion of Four, in order to participate, on a fair share
basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP).
-"
28. If required by the County of San Diego, the Developer(s) shall equitably participate in any
future regional impact fee program for correctional facilities should the region enact such a
fee program to assist in the construction of such facilities. The Developer(s) shall enter into
an agreement, prior to approval of the first final map, with the City which states that the
Developer(s) will not protest the formation of any potential future regional benefit
assessment district formed to finance correctional facilities.
29. The Developer(s) shall fund the Reserve Fund as required by the Reserve Fund Program.
30. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended
from time to time, the Applicant shall complete the following: (1) Fund a fair share of the
preparation of an annual report monitoring the development of the community of Otay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall
commence following the first fiscal year in which residential occupancy occurs and is to be
completed during the second quarter of the following fiscal year. The annual report shall
adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a
five year development phasing forecast identifying targeted submittal dates for future
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Resolution No. 2006-156
Page 13
discretionary applications (SP A's and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
31. The owners of each Village shall be responsible for retaining a project manager to coordinate
the processing of discretionary permit applications originating from the private sector and
submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure
consistency with standards and policies identified in the adopted SPA Plan. The project
manager shall have a well-rounded educational background and experience, including but not
limited to land use planning and architecture.
32. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP,
the Developer(s) shall prepare a five year development phasing forecast identifying targeted
submittal dates for future discretionary applications (SPAs and tentative maps), proj ected
construction dates, corresponding public facility needs per the adopted threshold standards,
and identifying financing options for necessary facilities.
33. The Developer(s) acknowledges that the Otay Ranch General Development Plan is based on
a village concept that provides for the construction of multi-family homes and commercial
uses along with single-family residential homes within Village Two, Three and a Portion of
Four. The Developer(s) understands that it is the City's intent to require the Developer(s) to
focus development on the village core in order to increase the viability of the core and to
fulfill the objectives of the Otay Ranch General Development Plan.
34. Phasing approved with the SPA Plan may be amended subject to approval by the Director of
Planning and Building and the City Engineer.
35. The Public Facilities Finance Plan (PFFP) for Village Two, Three and a Portion of Four or
revisions thereto shall be adhered to for the Village Two, Three and a Portion of Four SPA
and tentative map with improvements installed in accordance with said plan or as required to
meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility
phasing plan based upon a set of assumptions concerning the location and rate of
development within and outside of the Project area. Throughout the build-out of Village
Two, Three and a Portion of Four, actual development may differ from the assumptions
contained in the PFFP. Neither the PFFP nor any other Village Two, Three and a Portion of
Four documents grant the Developer(s) an entitlement to develop as assumed in the PFFP, or
limit Village Two, Three and a Portion of Four's facility improvement requirements to those
identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based
on actual development patterns and updated forecasts in reliance on changing entitlements
and market conditions, shall govern Village Two, Three and a Portion of Four development
patterns and the facility improvement requirements to serve such development. In addition,
the sequence in which improvements are constructed shall correspond to any future
transportation phasing plan for the City of Chula Vista or amendment to the Growth
Management Program and Ordinance adopted by the City. The City Engineer may modify
Resolution No. 2006-156
Page 14
the sequence of improvement construction should conditions change to warrant such a
reVISiOn
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36. The Developer(s) shall enter into supplemental agreement(s) with the City, prior to approval
of each final map for any phase or unit, whereby:
a. The Developer(s) agree(s) that the City may withhold building permits for any units in
Village Two, Three and a Portion of Four in order to have the Project comply with the
Growth Management Program; or, if anyone ofthe following occur:
(1) Regional development threshold limits set by a Chula Vista transportation phasing
plan, as amended from time to time, have been reached.
(2) Traffic volumes, level of service, public utilities and/or services either exceed the
adopted City threshold standards or fail to comply with the then effective Growth
Management Ordinance and Growth Management Program and any amendments
thereto.
(3) The required public facilities, as identified in the Public Facilities Finance Plan
(PFFP), or as amended or otherwise conditioned, have not been completed or
constructed to the City's satisfaction. The Developer(s) may propose changes in the
timing and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended after review and approval by the
City's Director of Planning and Building and the Public Works Director. The
Developer(s) agree(s) that the City may withhold building permits for any of the
phases of development identified in the PFFP for Otay Ranch Village Two, Three and
a Portion of Four SPA if the required public facilities, as identified in the PFFP or as
amended by the Annual Monitoring Program, have not been completed. Public
utilities shall include, but not be limited to, air quality, drainage, sewer and water.
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b. The Developer(s) agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, pursuant to Section 66499.37 of the State Map Act, from any
claim, action or proceeding against the City, its agents, officers or employees:
(1) To attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or
employees with regard to the Project, and;
(2) As to each Developers' respective subsequent development of their portions of the
Project, provided the City promptly notifies the Developer(s) of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
37. The Developer(s) acknowledge(s) its/their understanding that the City is in the process of
amending its Growth Management Program and Ordinance in order to establish updated
development phasing provisions necessary to ensure compliance with threshold standards. In
order for the Otay Ranch Village Two, Three and a Portion of Four Project to be consistent -
Resolution No. 2006-156
Page 15
with the City's growth management provisions, the Developer(s) hereby agree(s) to comply
with the Growth Management Program and Ordinance, as may be amended from time to
time, in order for the City to approve this Project. Said provisions shall also be included as a
condition of approval of all Tentative Maps within Village Two, Three and a Portion of Four.
38. The Developer(s) shall submit electronic versions of all SPA documents, including text and
graphics, to the Planning and Building Department in a format specified and acceptable to
the Director of Planning and Building.
^''1'-
Resolution No. 2006-156
Page 16
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OTAY PROJECT, L.P.
AND FLATROCK LAND COMPANY, LLC RELATED TO VILLAGE TWO, THREE
AND A PORTION OF FOUR SPA APPROVAL
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The Property Owner and the Developer(s) shall execute this document by signing the lines
provided below, said execution indicating that the Property Owner and Developer(s) have each
read, understood and agreed to the conditions contained in Resolution No. 2006-156, and will
implement same to the satisfaction of the City. Upon execution, this document and a copy of
Resolution No. 2006-156 shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy
returned to the City Clerk. Failure to return a signed and stamped copy of this recorded
document within thirty days of recordation to the City Clerk shall indicate the Property
Owner/Developer(s)'s desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval.
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