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HomeMy WebLinkAboutReso 1999-19376 RESOLUTION NO. 19376 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, VILLAGE DESIGN PLAN; RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND AFFORDABLE HOUSING PLAN WHEREAS, an application to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning Department on January 14, 1997, by the Otay Project, LLC ("Applicant"); and WHEREAS, the SPA One Plan Amendment includes changes to Village One, encompasses 200 additional acres west of Paseo Ranchero, and amends supporting documents; and WHEREAS, the area west of Paseo Ranchero (Village One West) is included in the Otay Ranch General Development Plan (GDP); and WHEREAS, a GDP amendment was processed and approved for Village One West to add single-family units to expand development areas; and WHEREAS, the SPA One Plan Amendment refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the Chula Vista City Council on October 28, 1993, and as amended on November 10, 1998; and WHEREAS, the Planning Commission set the time and place for hearings on said 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 within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised on February 3, 1999, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and was thereafter closed; and WHEREAS, by a vote of 6-0 the Planning Commission approved the project; and WHEREAS, the Environmental Review Coordinator has prepared a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project; and WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993; the Chula Vista Sphere of Influence Update EIR 94°03, certified by the Chula Vista City Council on March 21, 1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and Resolution 19376 Page 2 WHEREAS, this Project is an activity environmentally reviewed under EIR 97-03, and is identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc, to the project description in said EIR 97-03; and WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the GDP and related environmental documents and that the Project would not result in any new environmental effects that were not previously identified nor would the Project result in a substantial increase in severity in any environmental effects previously identified; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the SPA One Amendment, which includes the Village Design Plan; Parks, Recreation, Open Space and Trails Master Plan; and Affordable Housing Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Final EIR 97-03 held on August 26, 1998, and their public hearings held on this Project on October 21, 1998, 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 of the proceedings for any California Environmental Quality Act (CEQA) claims. II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-03, would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2)); and IlL CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 97-03 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 97-03 (Guideline 15168(c)(2) and 15162(a)). IV. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES Resolution 19376 Page 3 The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01) and SPA approval (95-01). V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 97-03 adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). Notice on the EIR was given on November 10, 1998. VI. CONDITIONS OF APPROVAL The City Council does hereby approve SPA One Amendment and associated documents subject to the conditions attached hereto as Exhibit "A," and incorporated herein by this reference. VII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS ARE IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendments reflect 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 SECTIONAL PLANNING AREA PLAN AMENDMENTS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan Amendments contain provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One. A neighborhood park will be located within the Village One West area to serve the project residents, and the project will provide housing types compatible with Sunbow Master Planned Community, as required by the General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report. Resolution 19376 Page 4 Presented by Approved as to form by Robert Leiter n M. Kaheny Planning and Building Director ,~orney Resolution 19376 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of February, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shi~yor/o~( ATTEST: Susan Bigelow, C~ 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. 19376 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of February, 1999. Executed this 16,h day of February, 1999. Exhibit A CONDITIONS OF APPROVAL FOR OTAY RANCH SPA ONE (Village One, Village One West & Village Five) GENERAL PROVISIONS 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 as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 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. 2. If any o; 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 or seek damages for their violation. 3. Applicam shall indemnify, protect, defend and hold the City harmless from and against any and all ciaims, liabilities and costs, including at-torney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlemerits and approvals issued by the City in connection with the Project. 4. Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA One Plan. 5. The terms, conditions, and time limits, associated with this SPA shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996, and as amended on October 22, 1996. 6. These conditions of approval apply to all land area located within the boundary of Village One, Village One west of Paseo Ranchero, and Village Five in the Otay Ranch Parcel. This constitutes the entire area of Otay Ranch Sectional Planning Area (SPA) One. ENVIRONMENTAL 7. The Applicant shall implement all mitigation measures identified in EIR 95-01 and 97-03, the Candidate CEQA Findings for this Project (Attachment A) and the Mitigation Monitoring and Reports Program (Attachment B). 8. The Applicant shall comply with all requirement of the Phase 2 Resource Management Plan (RMP) as approved by City Council on 06/04/96, and amended from time to time. 9. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 10. The Applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within the Purple Phase (Phase Seven) of Village One and the Grey Phase (Phase Three) of Village Five as shown on the SPA One phasing plan as amended. STREET, RIGHT-OF-WAY AND IMPROVEMENTS 11. Residential street parkways shall be no tess than six feet in width. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Design Plan and approved by the Director of Planning and Building, and the Director of Public Works. The Applicant shall provide roo~ barriers and deep watering irrigation systems for the trees. The applicant shall comply with the City's policy for Street Tree improvement Plans. 12. Street cross sections shall conform to those standards contained in the SPA One Plan. All other design criteria shall conform to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City from time to time, ("City Design Standards"). Any proposed variation from the City Design Standards which are not addressed in the SPA Plan shall be approved by the City and indicated as a specific waiver on the appropriate tentative subdivision map. The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i.e., cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION FOR OTAY RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF Scenic Corridor Prime Arterial Prime Arterial Prime Arterial Primary Village Entry Class I Collector Secondary Village Entry Class II Collector Village Core Class 1 Collector COMPARISON OF OTAY RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREPARATION Residential Promenade Class III CollectOr Core Promenade Residential Village Main Residential Village Plaza Residential Residential A and B Residential ~ Alley Alley Standards 13. The Applicant shall provide a 60 foot wide pedestrian Paseo between Neighborhoods R-8 and R-9. As a condition of approval on the appropriate tentative map, said paseo shall be required to be dedicated to the City at the final map stage. Street improvements will not be rec~uired to be installed, but may be required at some future date should it become apparent that vehisular access is needed. 14. As directed by the Director of Planning and Building and the City Engineer, the Applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road. The timing of the construction of said bridge shall be determined as defined by the City in the applicable Public Facilities Financing Plan (PFFP) as amended from time to time. The Applicant shall be solely responsible for the construction of said bridge. 15. In addition to the pedestrian bridge described above, the SPA One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The Applicant shall agree to fund half of the cost of constructing the two pedestrian bridges in accordance with the triggers in the Public Facility Financing Plan (PFFP) as amended from time to time. 16. In the event the Federal Government adopts ADA standards for street rights of way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced. 17. Vehicular access shall not be required to EastLake Parkway between the two Otay Water District parcels. Pedestrian, cart and bicycle access, however, shall be provided. Design of said pedestrian, cart and bicycle access shall be implemented in such a way so as not to preclude the option of future provisions of vehicular access should it become necessary. GRADING AND DRAINAGE · I 18. The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. 19. The quantity of runoff from the development shall be reduced to an amount equal to or tess than pro-development 100-year frequency storm. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than pro-development flows. Said retention/detention 'facilities shall be provided by the Applicant. 20. The Applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan and addendure for Otay Ranch SPA One, Villages One and Five as approved by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan. 21. Prior to the approval of an amended Tentative Map for any land contained within C.V.T. 96-04, the developer shall obtain the approval of the City Engineer a Grading Study demonstrating that the grading depicted in the amended Tentative Map will generate the necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel located within the subdivision boundaries. This study shall include all the area of Village One and Village Five within C.V.T. 96-04. This study shall incorporate the most recent design information for those facilities, including the findings and recommendations, if available, of CIP Project No. STM 331, Olympic Parkway from Oleander Avenue to SR-125. Said Grading study shall identify the proposed location for stockpiling of fill material. PUBLIC UTILITIES (SEWER, WATER, RECYCLED RECLAIMED WATER, WATER CONSERVATION) 22. The Applicant shall provide water and recycled water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Wilson Engineering dated April 1998 or as amended by the Applicant and approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final "A" map. 23. The Applicant shall pay fees in accordance with applicable City of Chula Vista ordinance(s) or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4, 1996 or as amended by the Applicant and approved by the Director of Public Works. Any amended SPA One Sewer Report shall be consistent with the approved SPA Plan, The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map (including a final "A" map) for the Purple Phase (Phase Seven) of C.V.T. 96-04, or the first final map (including a final "A" map) for Village One west of Paseo Ranchero. 24. Fund a revision of the Poggi Canyon Sewer Basin Development Impact fee reflecting the approved land uses in SPA One. Said revision shall be prepared by the City, as directed by the City Engineer, and approved by the City Council prior to approval of the first final "B" map within the Poggi Canyon Sewer Gravity Basin. The developer shall not receive credits towards future fees for funding this revision. All cost of revising the Poggi Canyon Sewer Basin Development Impact shall be borne by the developer. PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 25. The SPA One project shall satisfy the requirements of the City's Park Land Dedication Ordinance (PLDO) (Chapter 17.10). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below). Two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/1,000 residents) shall be satisfied through the payment of fees, dedication of land, or a combination thereof. 26. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule for each proposed public park shall be prepared by the applicant and approved by the Director of Planning and Building prior to the approval of the construction documents. 27. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related City specifications and policies. 28. Prior to the approval of the appropriate Final Map, the Applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Director of Planning and Building selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s)shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 29. Parks located within guarded communities shall not receive park credit. 30. Pedestrian parks: Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Plan. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Planning and Building pursuant to City wide small park credit criteria which shall be approved by the City Council. 31. Neighborhood parks (turn-key): a. The Applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Director of Planning and Building, no later than issuance of the building permit for the 500th dwelling unit. b. The level of amenities required in each neighborhood park Shall be determined by the City in conjunction with that park's master plan effort required by the City of Chuta Vista Landscape Manual. Said level of amenities shall be as described in the PLDO ordinance and the park's master plan as approved by the Director of Planning and Building. The Applicant shall complete construction of the first phase of the neighborhood park as identified in the approved construction schedule. Prior to issuance of the building permit for the 1,150th dwelling unit, the Director of Planning and Building shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. c. At no time shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1,000 residents. Applicant agrees that the City may withhold the issuance of building permits ~hould said deficit occur. For purposes of this condition, the term "constructed neighborhood park" shall mean that construction of the park has been completed and approved by the Director of Planning and Building as being in compliance with park's master plan, but prior to the City's mandatory maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. d. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. e. The Applicant shall receive reimbursement of P.A.D. fees should they deliver a turn-key facility to the City in accordance with the City-wide park's master plan. 32. Community parks: The Applicant shall pay P.A.D. fees, dedicate land, or a combination thereof, for the Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn-key facility is subject to the reimbursement mechanism set forth below. a. The first Otay Ranch community park, to satisfy SPA One demand, shall be located in Village Two as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/1 ,O00 residents) shall be satisfied through the payment of P.A.D. fees, dedication of land, or a combination thereof, the Applicant shall commence construction of the first phase of the community park prior to issuance of the building permit for the 2,65Oth dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site \ with utilities provided to the property line and an all weather access road acceptable to the Fire Department. d. The Applicant shall commence construction of the second phase of the community park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the ~ park's master plan. e. The community park shall be ready for acceptance by the City prior to issuance of the building permit for the 3,900th dwelling unit. f. The Applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. g. If the City determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. 33. Community gardens: Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of ~ Community Garden Committee's and their responsibilities. 34. Water lines shall be stubbed from the nearest water main to the site(s) in order to facilitate development of the Community Gardens. 35. Maintenance of Community Gardens shall be funded by a Home Owner's Association or other funding mechanism approved by the City. AGREEMENTS/FINANCIAL 36. A reserve fund program has been established by Resolution No. 18288 for the Otay Ranch Project. The Applicant shall fund the Reserve Fund as required by the Reserve Fund Program. SCHOOLS 37. The Applicant shall deliver to the Sweetwater Union High School District a 50 net usable acre graded high school site, deemed acceptable to the District, including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 1,400th building permit (504 students) or upon written request by the District not prior to 1,400 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 38. The Applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 39. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 40. As required by the Pre-Annexation Development Agreement with Otay Ranch, LP., (Ord. 2695), the Applicant shall file a master final map which provides for the sale of super block lots ("A" Maps) corresponding to the units and phasing or combination of units and anasing thereof. If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related "A" Map(s). The Applicant shall secure the installation of improvements in a form and amount determined by the City Engineer prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in the conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map. 41. The Applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan. 42. The Applicant shall secure approval of a Master Precise Plan for the-Vi]lage One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. 43. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring repor~ 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 GDPISRP. 44. The Applicant shall include maintenance of Telegraph Canyon channel east of Paseo Ladera in any open space district formed for SPA One on a fair share basis. This includes but is not limited to costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 45. The owners of each village, or a portion of village(s), 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. PHASING 46. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing forecast identifying ;argeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 47. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. 48. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the 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 SPA One, actual development may differ from the assumptions contained in the PFFP li.e., the development of EastLake IIII. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One'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 SPA One 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 Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The SPA One PFFP, at Applicant's expense subject to a Reimbursement Agreement, shall be updated not later than six 16) months after approval of a PFFP for the EastLake [11 GDP Area, and the conclusions of such update, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlemerits, including tentative and final maps. CODE REQUIREMENTS 49. The Applicant shall comply with all applicable sections of the Chula Vista · T Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision ordinance and Subdivision Manual. 50, The Applicant shall comply with all aspects of the City of Chula Vista LandscalVe Manual. 51, The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09,100). 52. The Applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City of Chula Vista Resolution 17516 dated June 7, 1994. 53. The Applicant shall comply with City Council Policy 570-03 adopted b,/ Resolution 17491 if pump stations for sewer purposes are proposed. 54. The Applicant shall enter into an agreement with the City, prior to approval of each final mad for any phase or unit, whereby: a. The Applicant agrees that the City may withhold building permits for any units in the subject subdivision if any one of the following occurs: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached. (2) Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. b. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. 55. Applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent permit applicable to the property, 56. The Applicant acknowledges its understanding that the City is in the process of amending its Growth Management Program and Ordinance, to establish updated development phasing provisions necessary to ensure compliance with adopted threshold standards. In order for the Otay Ranch SPA One Project to be consistent with the City's growth management provisions, the Applicant hereby agrees to comply with the pending amendments to the Growth Management Program and Ordinance in order for the City to approve this Project. Said provisions shall also be included as a condition of approval of the first Tentative Map, and any subsequent tentative maps, within SPA One. 57. The Applicant shall irrevocably offer for dedication to the City or its designee, fee title, 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. Each tentative map shall be subject to a condition that the subdivider shall execute a maintenance agreement with the City or its designee stating that it is the responsibility of the tentative map Applicant to maintain the conveyed parcel until the Preserve Community Facilities District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. The applicant shall request to the City Council the approval of the necessary modifications to C.F.D. No. 97-2 (Preserve Maintenance District) to include operation and maintenance services of those areas conveyed to the preserve during development of Village One West. Said modifications to C.F.D. 97-2 shall be completed prior to approval of the first "B" Map for Village One West. VILLAGE ONE WEST Conditions//58 to #71 apply to Village One West GRADING AND DRAINAGE 58. Prior to the approval of the first Tentative Map for any land contained within Village One West, the developer shall submit and obtain the approval of the City Engineer a Grading Study demonstrating that the grading depicted in the Tentative Map will generate the necessary fill to construct those portions of Olympic Parkway and the Poggi Canyon Channel located within the boundaries of said Village One West. This study shall incorporate the most recent design information for those facilities, including the findings and recommendations, ff available, of CIP Project No. STM 331, Olympic Parkway from Oleander Avenue to SR-125. Said Grading study shall identify the proposed location for stockpiling of fill material. PARKS/OPEN SPACENVILDLIFE PRESERVATION 59. Neighborhood parks (turn-key): a. Prior to the approval of the first final map for Village One West, the applicant will enter into agreement with the City to provide Park P-13 in the Gold Phase, b. The Applicant shall commence construction of the neighborhood park in Village One West, in a location determined by the Director of Planning and Building, no later than the earlier of either (1) the issuance of the initial residential building permit south of East Palomar Street or (2) at a time necessary to maintain compliance with the requirement that at no time shall there be a deficit in "constructed neighborhood parks" based on the 2 acre/1,000 population standard (See Condition #36 (c) above). 60. Community parks: The Applicant shall receive reimbursement of P.A.D. fees, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the park's master plan. The Applicant and the City shall mutually agree on a P.A.D. fee reimbursement schedule for the community park in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and · T accepted. Reimbursement of P.A.D. fees shall include the interest accrued by ~he City on said P.A.E). fees minus the City's cost of processing and administering this reimbursement program. 61. Trails: The first final "B" map shall not be approved until the SPA One Open Space Landscape Master Plan is approved by the Director of Planning and Building. The Ope~ Space Landscape Master Plan shall be based upon the Concep~ and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and 'include, but are not limited to elements such as final recreational trail alignments and phasing. Trail locations shall be shown on the Tentative Map for Village One West. All trails shall connect to adjoining existing trails in neighboring development projects as determined by the Director of Planning and Building. 62. The Community Garden rec~uirement is satisfied in Village One and is net required in Village One West. 63. Open Space: The Applicant shall request of the City Council the creation of a new Community Facilities District (C.F.D.) or annexation to an existing C.F.D. to fund maintenance improvements within Village One West. The District formation or annexation proceeding shall be completed prior to approval of the first final "B" map. AGREEMENTS/FINANCIAL 64. The Applicant shall install Chula Vista Transit facilities within Village One West, 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 Applicant shall install said improvements when directed by the City. The Applicant shall enter into an agreement with the City to fund these facilities. The requirement for said agreement will be made a condition of the first tentative map for Village One West. 65. The Applicant shall request an amendment to the agreement with the City of Chula Vista, prior to approval of the first final "B" map of Village One West, regarding the provision of affordable housing. Said agreement shall be a condition of approval of the first tentative map for Village One West. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SPA One Affordable Housing Plan. 66. Prior to the approval of the first "B" Map within Village One West, the applicant shall annex property to the Sweetwater Union High School District (C.F.D. # 6), and to the Chula Vista Elementary School District (C .F .D. #6), or provide some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools. The C.F.D. shall be annexable. 67. The Applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first final "B" map within Village One West, 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). 68. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities as defined in the GDP/SRP, should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first final "A" map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. 69. In order to satisfy their fair-share contribution for financing the light rail transit system, the Applicant shall complete the following: 1) dedicate to the City the Light Rail Transit (LRT) right-of-way on the final map containing said right-of-way, as indicated on the approved tentative map; 2) rough grade said LRT alignment as part of the grading for Village One West; and 3) prior to the approval of the first Map (including an "A" Map enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the LRT. SCHOOLS 70. The Applicant shall deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located in Village One West, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. In the event that the District elects not to use this site, the land use shall revert back to residential land use. 71. Prior to the approval of final "B' Maps within Village One West until such time that the C.F.D. is formed, the levy of special taxes and bonds must be approved by the qualified electors of the C.F.D. and the Chula Vista Elementary School District, and the Sweetwater Union High School District.