June 22, District 10 Eastern Urban Center (EUC) Patricia Ferman Jeff Steichen

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1 CITY OF CHUIA VI A Date: Applicant: Case No.: Name of Project: Address: Current Zoning: General Plan Designation: Project Manager: Project Planner: June 22, 2016 ZONING ADMINISTRATOR NOTICE OF DECISION DR Element and Z FM Lot 9 within Millenia (Eastern Urban Center) south of the Eastlake Parkway and Strata Street intersection APN District 10 Eastern Urban Center (EUC) Patricia Ferman Jeff Steichen Notice is hereby given that on June 22, 2016, the Zoning Administrator considered Design Review (DR) application DR , filed by ("Applicant"). The Applicant requests Design Review approval to construct 106 rowhomes and 70 detached homes for sale with 397 parking spaces and associated common and private open space in a condominium lot within the Millenia Southeastern Nei borhood District 10. The Project is located south of Strata Street between Eastlake Parkway and Orion Avenue within the Millenia Master Plmmed Community ("Project Site"), and is owned by ("Property Owner"). The acre project site is bordered on the north by the future Strata Park, on the east by Otay Ranch Village 11, on the south by the future Otay Ranch Village 9, and on the west by the Central Southern Neighborhood District 9 (SPA Lot 14). The site is vacant and has been mass-graded by the Master Developer. In accordance with the approved Eastern Urban Center Sectional Planning Area (EUC SPA) Plan, the future Bus Rapid Transit (BRT) dedicated transit lane is planned to run along Orion Avenue at the west side of the Project site. The 106 rowhomes will be named Millenia Z and consist of three story buildings in a 3 plex, 4-plex, 5-plex, and 6-plex building configuration with two-car garages, and eight types of building elevations. The rowhomes will be offered in two and three bedroom models ranging in size between 1,288 square feet and 1,495 square feet. The three-story rowhomes are proposed to have private porches and balconies. The 70 detached homes will be named Millenia Element and consist of three-story buildings with two-car garages, and eight types of building elevations. The detached homes will be offered in three and four bedrooms with a loft, ranging in size between

2 Page 2 of 8 1,775 square feet and 2,248 square feet. The liomes are proposed to have private porches, balconies and private side yards. The development proposes to have an internal pool and spa area with a restroom and showers building, BBQ area, and lounge areas. Additional recreational areas include a play structure for ages 5-12, unique playful seating elements for ages 1-4, an overhead shade structure with seating spaces, and a dog park. The Project is linked to the pedestrian circulation system within Millenia and the surrounding Villages by a system of pedestrian paseos and the Regional Trail. Pedestrians will be able to enjoy the view from the Project looking south and west by visiting four paseos with overlooks and seating areas to be located at the south facing edge of the Project. In addition, the 10' wide Regional Trail delineated by enhanced paving, planting, and amenities is planned to go through the Project, creating a strong pedestrian linkage to the adjacent Strata Park, to other parks and destinations in Millenia, and to Otay Ranch Village 11 to the east via the planned pedestrian bridge over Eastlake Parkway. A total of 397 residential parking spaces are proposed which include two-car garages connected to each unit, and 45 uncovered parking spaces for guests. Vehicular access to the project is via two private driveways connecting to Strata Avenue and Orion Avenue. In accordance with the Landscape Manual and the Water Conservation Ordinance, the proposed landscape design objective is to create an environment suitable and inviting for residents. The plant palette consists of low and medium water use plant material including succulents, cacti, ornamental grasses and woody shrubs which will accent and frame the architecture while enhancing the pedestrian scale of the project. Canopy tree lined streets within the Project create an instant sense of place and homes front onto pedestrian pathways and courtyards that encourage residents to walk. The irrigation system will be automatic and proposes to incorporate low volume spray emitters. The project is also proposing hydromodification and water quality management in accordance with City and regional requirements through biofiltratiun basins incorporated in the design. The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, (EIR-07-01). The proposed project is a permitted land use in the Otay Ranch General Development Plan (GDP) and is permitted in the Neighborhood Districts 10. The proposal complies with the policies, guidelines and design standards for the Millenia SPA Plan.

3 Page 3 of 8 In accordance with the EUC SPA, Chapter 5, Monitoring and Updates, the Director of Development Services shall maintain am administrative record documenting the assignment of intensity to the various EUC Districts. The Record of EUC Design Review Approvals and the Residential Intensity Monitoring Program (see Attachment 1) shall be updated with each design review approval and shall be provided to the decision making body at the time of each design review for approval. The Zoning Administrator, under the provisions of the EUC Form Based Code Chapter 4, Submittal Requirements Section , has conditionally approyed said request based upon the following findings of facts:. That the proposed Project is consistent with the development regulations of the Eastern Urban Center Sectional Planning Area (EUC SPA) Plan and Planned Community (PC) District Regulations. The proposed Project use is permitted and meets all of the development regulations as stipulated in the EUC PC District Regulations. 1 The design features of the proposed Project are consistent with the design and development standards of the EUC SPA Design Plan, and the City of Chula Vista Landscape Manual. The Project is in compliance with the Southeastern Neighborhood District 10 component of Village Design Plan Guidelines of the EUC, as well as, the City of Chula Vista Landscape Manual. I. The following shall be accomplished to the satisfaction of the Development Services Director, prior to issuance of building permits, unless otherwise specified: Planning Division:. The Applicant/Representative and Property Owner shall execute this document by making a true copy and signing both this original Notice of Decision and the copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, mad will implement same. Upon execution, the true copy with original signatures shall be returned to the Development Services Department. Failure to return the signed true copy of this document within 30 Days of the effective date herein shall indicate the Applicant/Representative and Property Owner's desire that the project, and corresponding application for building/grading permits and/or business license, be held in abeyance without approval.

4 Page 4 of 8 Signature of Applicant/Authorized Representative Date Signature of Property Owner/Representative Date 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Zoning Administrator on June 22, A graffiti resistant treatment shall be specified for all wall and building surfaces, and noted on any building and wall plans. Additionally, the project shall conform to CVMC Section regarding graffiti control. The applicant shall remove all graffiti on a regular basis. The Applicant shall place a note to this effect on the building permit plans. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Development Services. 6. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved prior to the issuance of any building permit. 7. All applicable requirements and mitigation measures of the adopted Final Second Tier Environmental Impact Report, EIR and subsequent Addendum, IS shall be met. 8. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ The Applicant shall maintain the Project in accordance with the approved plans for DR , date stamped approved on June 22, 2016, which includes site

5 Page 5 of 8 plans, floor plans, and architectural elevations on file in the Planning Division, the conditions contained herein, and Title 19. Fire Department The following Fire Department Conditions of Approval are general requirements that the Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire Marshall or designee. 10. The applicant shall apply for required building permits. Permits shall comply with the current CA Title 24 and associated City policies. 11. For 12,313 square feet of Type V-B construction (R-2 occupancy), this project will require a fire flow of 3000 gallons per minute for a 3-hour duration at 20 p.s.i. 12. Based upon the required fire flow for Type V-B construction type, a minimum of 3 fire hydrant(s) are required to selwe this project. 13. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. Based upon required fire flow they shall be spaced at an average of 400 feet apart. Land Development Division 14. Applicant shall provide evidence satisfactory to the Director of Development Services that all water quality treatment facilities proposed off site are authorized in perpetuity by the owner of the off-site property prior to the approval of the first final map for the project. 15. Applicant shall comply with all requirements and guidelines of the City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development & Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State of California Subdivision Map Act. 16. Before the issuance of a certificate of occupancy, the sidewalk along the frontage of the property shall be constructed by the Applicant. 17. Before the issuance of a grading or construction permit for the project, the Applicant shall provide to the Land Development Division, a Letter for Permission to Grade, if proposed improvements encroach into am adjacent private property.

6 Page 6 of Prior to the issuance of building permit, process and record a Final Map for the project site to create the proposed 176 dwelling units. 19. With the processing of the Final Map for the site, Developer shall grant to the City a Pedestrian Access Easement for the Regional Trail, to the satisfaction of the Development Services Director. 20. Prior to the approval of the Final Map, Developer shall obtain easements from the MHOA for all the private improvements that will serve the project site that will encroach Open Space Lot I of Final Map No These private improvements include the proposed bioretention basin, the storm drains, and the retaining walls for the overlook areas at the end of the proposed Pedestrian Paseos. 21. Prior to the approval of the Final Map, the Applicant shall submit evidence, acceptable to the City Engineer and the Director of Development Services of the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the Development Services Director. The HOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the CFD. 22. Prior to the approval of the Final Map, a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and subject to the approval of the City Engineer. 23. Prior to approval of the Final Map, Developer shall ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 24. Prior to approval of the Final Map, the Applicant shall enter into an agreement with the City whereby the Applicant agrees to notify future property owners during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the HOA and their estimated annual cost. Applicant shall submit the document and obtain the approval of file City Engineer and Director of Development Services prior to distribution through escrow, which approval shall not be unreasonably withheld. 25. Prior to approval of the Final Map, Developer shall enter into a Subdivision Improvement Agreement (SIA) and a Supplemental Subdivision Improvement Agreement (SSIA).

7 Page 7 of The following fees will be required based on the final Building Plans submitted (fees are adjusted on October 1st of every year): a. Sewer Capacity Fee b. Traffic Signal Fee c. Sewer Basin DIF d. EUC Pedestrian Bridge DIF e. Other Engineering Fees per the Master Fee Schedule 27. On-site drainage and sewer systems shall be private. 28. Before the issuance of a building permit, pad certification needs to be obtained. 29. Prior to the issuance of a building permit for the project, Developer shall provide to the City verification of service from Otay Water District. 30. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. Landscape Architecture 31. All retaining walls throughout the Project shall have a decorative finish and planting screening to minimize its visual impact to be approved by the City of Chula Vista during the Building Permit Construction Documents. 32. The design of the Regional Trail shall conform to the adopted Regional Trail Master Plan and shall have appropriate signage. II. The following on-going conditions shall apply to the Project as long as it relies upon this approval. 33. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City ordinances in effect at the time of building permit issuance. 34. This Design Review Permit shall become void and ineffective if not utilized within three (3) years from the effective date thereof, in accordance with Section of the Municipal Code. 35. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Pel it and (b) City's approval or

8 Page 8 of 8 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 Design Review Permit where indicated above. 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. APPROVED BY ZONING ADMINISTRATOR OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of June 2016