HomeMy WebLinkAboutReso 2002-060 RESOLUTION NO. 2002-060
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY
RANCH, VILLAGE SIX SECTIONAL PLANNING AREA
PLAN, CHULA VISTA TRACT 02-03
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A," described on Chula Vista Tract 02-03, and is commonly known as McMillin's
Portion of Otay Ranch, Village Six ("Property"); and
WHEREAS, McMillin Otay Ranch, LLC, ("Applicant") filed a duly verified application
for the subdivision of the Property in the form of the tentative subdivision map known as
"McMillin Otay Ranch Village Six, Chula Vista Tract 02-03", ("Project"), with the Planning and
Building Department of the City of Chula Vista on October 9, 2001; and
WHEREAS, the application requests the approval for the subdivision of approximately
215.3 acres of land known as "McMillin Otay Ranch, Village Six" located in the north-central
portion of the Otay Valley Parcel, south of the future extension alignment of Olympic Parkway,
north of the future Birch Road, east of the extension of La Media Road and west of the future
SR-125; and
WHEREAS, the Project is also the subject matter of the Otay Ranch General
Development Plan (GDP), as amended, originally approved by the City Council on October 28,
1993 by Resolution No. 17298, and as amended on October 23, 2001, by Resolution No. 2001-
362 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP,
relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No.
90-01, SCH//9010154 ("Program EIR 90-01"); and, the Otay Ranch General Development Plan
(GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report
("Final EIR 01-02") (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
has determined that the Project would not result in any new environmental impacts that were not
previously identified, nor would the Project result in a substantial increase in severity in any
environmental effects previously identified in Final EIR 98-01, (Village Six); and
WHEREAS, the Planning Commission set the time and place for a hearing on McMillin's
portion of Otay Ranch, Village Six Tentative Subdivision Map (C.V.T. 02-03) and notice of said
heating, 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 heating; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
February 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the Project to the City
Council and said hearing was thereafter closed; and
Resolution 2002-060
Page 2
WHEREAS, a public heating was scheduled before the City Cotmcil of the City of Chula
Vista on McMillin's portion of Otay Ranch, Village Six Tentative Subdivision Map, namely
6:00 p.m. February 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City
Council.
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 hearing held on February 13, 2002, 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. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-
Tier Final EIR 98-01 (Village Six), certified on January 22, 2002 by the City Council
(Resolution No. 2002-021) 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 resolution approving McMillin's portion of Otay
Ranch, Village Six Tentative Map, Chula Vista Tract 02-03 involving 215.2 acres of land known
as "McMillin Otay Ranch, Village Six" in this resolution, finding it is consistent with the City of
Chula Vista General Plan, the Otay Ranch General Development Plan, Village Six SPA 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.
IV. TENTATIVE SUBDIVISION MAP F1NDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the "McMillin Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-
03)" as conditioned, attached as Exhibit "B" to this resolution, hereto for McMillin Otay Ranch,
LLC, is in conformance with all the various elements of the City's General Plan, the Otay Ranch
General Development Plan and Village Six Sectional Planning Area (SPA) Plan, based on the
following:
1. Land Use
The Project is in a planned community that provides single-family and multi-family
residential uses, schools, community purpose facilities and common usable open space and other
uses authorized by the Village Six Sectional Planning Area (SPA) Plan.
2. Circulation
Resolution 2002-060
Page 3
All of the on-site and off-site public and private improvements required to serve the
subdivision are part of the project description or are conditioned consistent with the Otay Ranch
General Development Plan, and the Village Six SPA Plan. The Applicant shall construct those
facilities in accordance with City and Otay Ranch Village Six SPA Plan standards.
3. Housing
An affordable housing agreement between the City and McMillin (Master Developer)
will be executed subsequent to the approval of the Tentative Map and is applicable to subject
Project providing for low and moderate-income households.
4. Parks, Recreation and Open Space
Parks, recreation and open space will be conditioned under Tentative Map conditions to
provide local parkland and dedicate additional Community parkland (Applicant obligation) for
the Project elsewhere in Otay Ranch. Constmction of parkland and common usable open space
and programmable recreation facilities are the responsibility of the Applicant.
5. Conservation
The Program EIR and FEIRs addressed the goals and policies of the Conservation
Element of the General Plan and found development of this site to be consistent with these goals
and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of
1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to
approval of any Final Map.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the Seismic
Element of the General Plan for this site. No seismic faults have been identified in the vicinity
of the Project according to the Otay Ranch Village Eleven SPA Geotechnical Reconnaissance
Report.
7. Public Safety
All public and private facilities are expected to be reachable within the threshold
response times for fire and police services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water facilities
necessary to serve this Project. The developer will also contribute to the Otay Water District's
improvement requirements to provide terminal water storage for this Project as well as other
major projects in the eastem territories.
Resolution 2002-060
Page 4
9. Noise
The Project will include noise attenuation walls based on the results of an acoustic study
prepared for the Project. In addition, all units are required to meet the standards of the Uniform
Building Code with regard to acceptable interior noise levels.
10. Scenic Highway
The roadway design provides wide landscaped buffers along Olympic Parkway the only
General Plan, GDP/SRP scenic highway adjacent to the Project.
11. Bicycle Routes
The Project is required to provide on-site bicycle routes on the Project as indicated in the
regional circulation system of the General Plan and the Otay Ranch GDP.
12. Public Buildings
Public buildings are not proposed on the Project site as part of the community purpose
facility locations. The Project is subject to appropriate residential fees prior to issuance of
building permits.
The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created by the
proposed development.
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "C," attached hereto.
VI. 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.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and evew term, provision and condition herein stated; and that in
the event that any one or more terms, provisions, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to
be automatically revoked and of no further force and effect ab initio.
Resolution 2002-060
Page 5
Presented by Approved as to form by
Robert Leiter John M. Kaheny
Planning and Building Director ~.c~'fty Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of February, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hortont~vlayor *
ATTEST:
Susan Bigelow, City Clerk ff
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. 2002-060 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 26th day of February, 2002.
Executed this 26th day of February, 2002.
Susan Bigelow, City Cler~
R2002-060
Exhibit "A"
PROJECT
LOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR P.O~CT PROJECT DESCRIP'RO.:
~P~UC, N~ MCMILLIN OTAY RANCH LLC
:SUBDIVISION
PRO3ECT
.~,~OEESS: OTAY RANCH VILLAGE 6 McMillin Otay
Ranch
sc~u~ [ F~m.UM.E.: Village 6 Tentative Map.
NORTH No Scale PCS-02-03
hAhome\plannin ~DAr\locators\PCS0203.cdr 01/31/02
Exhibit "B"
~o~
Exhibit "B" cont.
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R2002-060
R2002-060 Exhibit "C"
McMillin Otay Ranch Village Six Tentative Subdivision Map
(C.V.T. 02-03)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means
grant the appropriate easement, rather than fee title. Where an easement is required the applicant
shall be required to provide subordination of any prior lien and easement holders in order to
ensure that the City has a first priority interest and rights in such land unless otherwise excused
by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and
clear of all encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit o£ 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". (Planning)
2. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape
Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable
Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact
Report (EIR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and
supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open
Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be
subject to minor modifications by the appropriate department head, with the approval o£
the City Manager, however, any material modifications shall be subject to approval by
the City Council. (Planning)
3. 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 or seek damages for their violation. The applicant shall
be notified 10 days in advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies identified by the City.
(Planning)
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against
any and all claims, liabilities and costs, including attorney's fees, ar/sing from challenges
to the Environmental Impact Report and subsequent environmental review for the Project
and any or all entitlements and approvals issued by the City in connection with the
Project. (Planning)
5. The applicant shall comply with all applicable Village Six SPA conditions of approval,
(PCM 99-15) as may be amended from time to time. (Planning)
6. Prior to the approval of the first "A" map for the Project, Applicant shall prepare and
submit, to the satisfaction of, and as deemed necessary by the Director of Planning and
Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating
documents including, but not limited to text, exhibits, and tables for the Village Six SPA
Plan; Planned Community District Regulations; Village Design Plan; Public Facilities
Finance Plan; Affordable Housing Plan; Air Quality Improvement Plan; Water
Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open
Space and Trails Plan; and applicable environmental documents. (Planning)
7. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City Attorney. (Planning)
8. A reserve fund program has been established by Resolution No. 18288 for the funding of
the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project.
The Applicant shall provide ftmds to the Reserve Fund as required by the Reserve Fund
Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay
Ranch General Development Plan (GDP), the Applicant shall participate in the funding of
the preparation of 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 in the
Project 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. (Planning)
9. Prior to approval of the first "A" map, Developer shall enter into an agreement with the
City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the
construction of SR-125, the City shall stop issuing new building permits for Village Six
when the City, in its sole discretion, determines either:
a. Building permits for a total 9,429 dwelling traits have been issued for projects
east of 1-805 (the start date for counting the 9,429 dwelling units is January 1,
2000); or,
b. An alternative measure is selected by the City in accordance with the City of
Chula Vista Growth Management Ordinance.
Developer shall also acknowledge and agree that notwithstanding the foregoing
thresholds, the City may issue building permits if the City Council decides, in its sole
discretion, that any of the following has occurred: 1) the cimulation system has additional
capacity without exceeding the GMOC traffic threshold standards based upon traffic
studies; 2) other improvements are constructed which provide additional necessary
capacity; or 3) the City selects an alternative method of implementing the GMOC
standards. These traffic studies would not require additional environmental review under
CEQA; however, any improvements proposed in these traffic studies would be subject to
additional environmental reviews as required. The above noted agreement shall mn with
the entire land contained within the Project. (Engineering)
10. The applicant shall comply with the terms of the Conveyance Agreement, as may be
amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of
Planning and Building. (Planning)
11. Should any of these conditions conflict with the Olympic Parkway Financing and
Construction Agreement approved by Council Resolution 19410, the Olympic Parkway
Financing and Construction Agreement shall control. (Planning)
ENVIRONMENTAL
12. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and
Reporting Program (Final EIR 98-01) for this project. (Planning)
13. The Applicant shall comply with all applicable requirements oftheCalifomia
Depamnent of Fish and Game, the California State Water Resources Quality Control
Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to
any activity that may potentially impact biological resources, such as cleating and grubbing,
the applicant shall comply with all applicable requirements prescribed in the Otay Ranch
Village Six Second-Tier Environmental Impact Report (EIR 98-01)(SCH#2001041033),
and Mitigation Monitoring and Reporting Program. (Planning)
14. The Applicant 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, if applicable to the Project.
(Planning)
15. Prior to the approval of each final "B" map, the Applicant shall comply with all
requirements and policies of the Otay Ranch Resource Management Plan (RMP) as
approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource
Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City.
(Planning)
16. Prior to the issuance of the first grading permit (including clearing and grubbing) for the
Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range
Management Plan to the satisfaction of the Director of Planning and Building. (Planning)
17. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee
title or by easement, the Applicant shall cease all cattle grazing on the land to be
conveyed. In addition, the Applicant shall ensure through the maintenance of existing
fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed
necessary by the City, that cattle from adjacent areas cannot access the land being
conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase
Two, Range Management Plan to the satisfaction of the Director of Planning and
Building. (Planning)
18. Prior to the approval of each final "B" map for the Project, Applicant shall comply with
all requirements of the Village Six SPA Plan Agricultural Plan. (Planning)
19. The Applicant 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 Otay Ranch Resource Management Plan (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. Where an easement is conveyed, the Applicant 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 Applicant
shall convey fee title, where fee title or an easement is conveyed, access to the
satisfaction of the POM shall also be conveyed, and each tentative map shall be subject to
a condition that the Applicant shall execute a maintenance agreement with the POM
stating that it is the responsibility of the Applicant to maintain the conveyed parcel until
the Habitat Maintenance District has generated sufficient revenues to enable the POM to
assume maintenance responsibilities. Where an easement is granted, each tentative map
is subject to a condition that fee title shall be granted upon demand by the POM. 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. The Applicant shall maintain and manage the conveyed
parcel until the Preserve Community Facilities District (CFD) has generated sufficient
revenues to enable the POM to assume maintenance and management responsibilities.
(Planning)
20. Upon request of the Director of Planning and Building, applicant shall execute a
maintenance agreement with the City or its designee for the Otay Ranch Preserve.
(Planning)
21. Prior to approval of the first "B' map for the Project, at the request of the City Engineer,
Developer 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).
(Engineering)
SPECIAL CONDITIONS OF APPROVAL
22. A noise barrier plan shall be submitted for review and receive approval of the City prior
to issuance of the first grading permit for the Project. This noise barrier plan shall be
incorporated into the wall and fence plan, a component of the Landscape Master Plan.
Should Developer subsequently request modification of the approved noise barrier plan,
Developer shall provide additional acoustical analysis if required by the Director of
Planning and Building. Noise barriers shall be constructed within dedicated open space
lots and shall not be constructed on private property. (Environmental, Engineering)
23. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to
approval of the first "A" map for the Project. Bonds securing noise barrier construction
may be released upon determination by the City's Director of Public Works that an
agreement with the City of Chula Vista, California Transportation Ventures (CTV) or its
successor in interest, and Applicant contains sufficient securities for construction of the
noise barriers. (Environmental, Engineering)
24. Unless required noise barriers are constructed, no building permits shall be issued for
those lots within the noise contour of 65 CNEL or greater as described in the Noise
Technical Report for Otay Ranch Village Six, dated September 24, 2001, unless earlier
modified by agreement with the City of Chula Vista, CTV or its successor in interest, and
Applicant. All noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in
interest. Noise barrier design and construction adjacent to SR-125 may be modified
should a subsequent acoustical study demonstrate to the satisfaction of the Director of
Planning and Building that the applicable noise standards will be achieved by a modified
design. (Environmental, Engineering)
25. Applicant shall make a good-faith effort to coordinate development and implementation
of the Village Six SPA Plan Area with all other developers/applicants within Village Six
including phasing, grading, improvements and dedication of right-of-way. (Planning)
26. The following conditions of approval are based upon the project having multiple Final
Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B'
Maps". A Final "B' Map is defined as a final subdivision or parcel map, filed in
accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which
proposes to subdivide land into individual single or multi-family lots, or contains a
subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be
in substantial conformance with the related approved final "A" Map. Unless otherwise
specified, all conditions and code requirements listed below shall be fully completed to
the City's reasonable satisfaction prior to approval of the first Final 'B' Map.
(Engineering)
27. Prior to approval of the first final "B" map within the tentative map, the developer may
submit and obtain the approval of the City of a master final map ("A" Map) over the
portion of the tentative map within each area showing "super block" lots corresponding to
the units and phasing or combination of units and phasing thereof. Said "A" map shall
also show open space lot dedications, the backbone street dedications and utility
easements required to serve the "super block" lots created by this "A" Map. All "super
block" lots created by this "A" Map or parcel map shall have access to a dedicated public
street. A lot line adjustment, if utilized in accordance with City standards and
procedures, shall not be considered the first "A" Map. The "A" Map may contain single-
family residential units. An "A" map shall not be considered the first final map as
indicated in the conditions of approval unless said map contains single family lots, stock
co-operative, community apartment, condominium lots or multi-family lots as shown.
(Engineering)
28. The subsequent development of a multi-family lot which does not require the filing of a
"B" map shall meet, prior to issuance of a building permit for that lot, all the applicable
conditions of approval of the tentative map, as determined by the City Engineer.
(Engineering)
29. In the event of a filing of a final 'B' map which requires oversizing of the improvements
necessary to serve other properties within the Project, said final map shall be required to
install all necessary improvements to serve the project plus the necessary oversizing of
facilities required to serve such other properties (in accordance with the restrictions of
state law and City ordinances). (Engineering)
DESIGN
30. Any proposed monumentation/signage shall be consistent with the Village Six Village
Design Plan and shall be reviewed and approved by the Director of Planning and
Building prior to approval of the appropriate final map. (Planning)
31. Prior to issuance of the first building permit, Applicant shall submit for review and
approval a sign program to the director of Planning and Building. Prior to issuance of the
first building permit, Applicant shall post temporary signs on all neighborhoods within
the Project indicating the future land use(s) for said sites with signage consistent with the
sign program. Temporary signs shall be maintained in place until such time as a project is
approved for any such future land use site. (Planning)
32. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and
irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each
1,500 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet
of slope area, and appropriate groundcover. Trees and shrubs shall be planted in
staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for
private slopes shall be reviewed and approved by the Director of Planning and Building
prior to approval of the corresponding final map. (Planning)
33. Residential street parkways shall be no less than 7.5 feet in width for the planting area,
except as approved by the City Engineer. The Applicant shall plant trees within said
parkways which have been selected from the list of appropriate tree species described in
the Village Six Design Plan, Village Six SPA Plan and Landscape Master Plan and shall
be approved by the Directors of Planning and Building, Building & Park Construction
and Public Works. The Applicant shall provide root barriers and deep watering irrigation
systems for the trees, as approved by the Director Building and Park Construction and the
Director of Public Works. (Planning)
34. The Applicant shall install all street trees in accordance with Section 18.28.10 of the
Chula Vista Municipal Code. All street trees shall be planted in parkways, or as
otherwise approved by the Director of Planning and Building. Street trees, which have
been selected from the revised list of appropriate tree species described in the Village Six
Village Design Plan, Village Six SPA Plan and Landscape Master Plan, shall be approved
by the Director of Planning and Building and Director of Public Works. Prior to the
installation of any dry utilities, including but not limited to cable, telephone, gas or
electric lines, Applicant agrees to complete preliminary street improvement plans that
show the location of all future street trees, which will be subject to the review and
approval of the Director Building & Park Construction and the Director of Planning &
Building. Prior to any utility installation, wood stakes shall be placed by the Applicant
on site according to approved preliminary street tree plans and shall be painted a bright
color and labeled as future street tree location. Applicant further agrees to provide City
documentation, acceptable by the Director Building & Park Construction and the Director
of Planning and Building, that all utility companies have been given notice that no dry
utility line shall be located within five feet of the wood stake in any direction. Applicant
will maintain street tree identification stakes in location as shown on approved
preliminary plans until all dry utilities are in place. A street tree improvement plan,
including mailbox locations, shall be submitted for review and subject to the approval of
the Director of Planning and Building and the City Engineer prior to or concurrent with
the second submittal of street improvement plans within the subdivision. Approval of the
street tree improvement plans shall constitute final approval of the selection of street trees
for the street parkways. (Engineering, Planning, Building and Park Construction)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transih
Sewer, Water, Drainal~e, Grading)
35. Developer shall dedicate for public use all the public streets shown on the tentative map
within the subdivision boundary. Prior to the approval of the first "A" map and those "B"
maps which trigger improvements as set forth in the Village Six PFFP, the applicant shall
construct or enter into an agreement to construct and secure all street improvements as
required by the PFFP, as may be amended from time to time. The Developer shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney. (Engineering)
36. Construct a protective fencing system around all proposed permanent detention basins,
and the inlets and outlets of storm drain structures, as and when directed by the City
Engineer. The final fencing design and types of construction materials shall be subject to
approval of the City Engineer. (Engineering)
37. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
38. Prior to approval of each final map, acquire and then grant to the City all off-site rights-
of-way and easements necessary for the installation of required street improvements
and/or utilities, subject to the City's Subdivision Ordinance and the State Subdivision
Map Act. (Engineering)
39. Concurrent with approval of each final map for the Project, the Applicant shall submit
Improvement Plans for the applicable neighborhood for review and approval by the City
Engineer, Director Building and Park Construction and the Director of Planning and
Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal
Code, as necessary, the construction and/or construct full street improvements for all on-
site and off-site streets as identified in the Otay Ranch Village Six SPA PFFP, as may be
amended from time to time and as deemed necessary to provide service to the subject
subdivision. Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation,
fencing, fire hydrants and street light locations, subject to the approval of the City
Engineer. (Engineering)
40. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code,
dedicate, and construct full street improvements for all public streets shown on the
Tentative Map within the subdivision boundary or off-site, as deemed necessary by the
City Engineer to provide service to the subject subdivision, in accordance with Chula
Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual,
and approved Tentative Map, unless otherwise approved by the City Engineer. Said
street improvements shall include, but not be limited to, asphalt concrete pavement, base,
curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs,
stripping, fire hydrants and transitions to existing improvements in the manner required
by the City Engineer. The amount of the security for required improvements, including
landscape and inigation plans, shall be 110% times a construction cost estimate approved
by the City Engineer and the Director Building & Park Construction if related plans have
been approved by the City, 150% times the approved cost estimate if related plans are
being processed by the City or 200% times the construction cost estimate approved by the
City Engineer and the Director Building & Park Construction if related plans have not
been submitted for City review. A lesser percentage may be required if it is demonstrated
to the satisfaction of the City Engineer and the Director Building & Park Construction
that sufficient data or other information is available to warrant such reduction.
(Engineering)
41. Upon: 1) approval of the final "B" map that triggers the Cumulative DU's, ("Table 'A'")
below; or, 2) approval of the first map for a specific Planning Area, (Table'B'") below,
whichever occurs earlier, consistent with the Village Six PFFP, as may be amended fi.om
time to time, Developer shall construct or enter into an agreement to construct and secure,
in accordance with Section 18.16.220 of the Municipal Code, the required street
improvements: (Engineering)
Table "A"
Village Six Public Facilities Matrix
Public facilities required to be constructed by Village Six
and cumulative unit triggers
Cumulative Roadway
Facility Description Unit Triggers~
1 La Media Road - Olympic Parkway to Santa Venetia Street 750
Santa Venetia Street - Easterly Boundary orR-1 to La Media
2 Road 750
3 Santa Venetia Street - Masdalcna Avenue to La Media Road 750
Magdalena Avenue - Santa Venetia Street to Southerly
4 Boundary of R-4 1500
Magdalena Avenue - East Palomar Street to Santa Venetia
5 Street 750
6 East Palomar - Olympic Parkway to Masdalcna Avenue 750
Santa Venetia Street - Easterly Boundary of R-2 to La Media
7 Road 750
Magdalena Avenue - Northerly Boundary orR-2 to Birch
8 Road 1500
9 Birch Road - Magdalena Avenue to La Media Road4 1500
10 La Media Road - Santa Venetia Street to Birch Road4 1500
11 Birch Road - SR125 to Magdalena Avenue3 1500
12 Magdalena Avenue - Birch Road to South Boundary of R-6 1500
13 Otay Lakes Road - East "H" Street to Telegraph Canyon Rd2 944
(1) Developer shall agree to construct and to secure the facility prior to the Final Map that
triggers the cumulative DU's or EDU's as defined in this Table.
(2) Improvement will be required only if the cumulative trigger is reached prior to the
construction of SR 125.
(3) Improvement shall be secured prior to the cumulative unit trigger, or with an "A" Map
including CPF 2 and/or R-11/S-2, whichever occurs first. The time to perform the construction
of this facility may be extended by the Director of Public Works.
(4) Full-width improvements for these facilities shall be secured prior to the first final map
containing the 1500th DU. The time to perform the construction of these facilities may be
extended by the Director of Public Works.
Table "B"
Village Six
Specific Planning Area Triggers
Roadway Required for Access ("A")
Area Roadway Or Frontage ("F")2
R-1 1, 2 A, F
R-3 1, 3 A(1), F
R-4 1, 3, 4 A(1), F
R-6 1, 3, 5, 64 A(1,3, 6), F
R-10 1, 3, 5, 64 A(1,3, 6), F
R-2 1, 7, 8, 9~,10~ A(1), F
R-5 6 A
CPF- 1 6 A, F
R-7 6 A, F
R-8 6 A, F
R-9 6 A
CPF-2 1, 3, 4,11s, 12 A(1,3), F
R-11/S-2 1, 11s, 12 A(1), F
C-1 6 A,F
(1) Agree to construct and to secure the facility prior to the first final map in this planning area.
(2) Numbers in Parenthesis in this column refer to the facility.
(3) Half-width improvements for these facilities shall be secured prior to the first final map in
this planning area. The time to perform the construction of these facilities may be extended by
the Director of Public Works. Full-width dedication for these facilities shall be offered on an
"A" Map containing this planning area.
(4) Only emergency access along this facility shall be required prior to the first final map in
either of these planning areas.
(5) The time to perform the construction of this facility may be extended by the Director of
Public Works.
42. Street cross sections shall conform to the cross sections shown on the tentative map,
unless otherwise conditioned or approved herein. All other design criteria shall comply
with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and
thc Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
(Engineering)
43. The Applicant shall participate in the funding of revisions of the Public Facilities
Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as
directed and requested by the City Manager or his designee and subject to the approval of
the City Council. The Applicant will receive appropriate credit for such participation.
(Engineering)
44. Prior to approval of any final map which triggers the installation of the related street
improvements, Applicant shall enter into an agreement, to the satisfaction of the City
Engineer, to construct and secure fully activated traffic signals, including interconnected
wiring, at the following intersections:
INTERSECTIONS
· La Media Road and Santa Venetia Street
· Santa Venetia Street and Magdalena Avenue
· Magdalena Avenue and Birch Road
· Bimh Road and La Media Road
· Olympic Parkway and East Palomar Street
· Olympic Parkway and La Media Road
· Birch Rd and Entry to S-2/R-11
The applicant shall fully design the aforementioned traffic signal in conjunction with the
improvement plans for the related streets. The developer shall install underground
improvements, standards and luminaires in conjunction with the construction of the
applicable street improvements. In addition, the applicant shall install mast arm, signal
heads, and associated equipment when traffic signals warrant as determined by the City
Engineer. (Engineering)
45. Submit to and obtain approval by the City Engineer of striping plans for all promenade,
collector or higher classification streets simultaneously with the associated improvement
plans. (Engineering)
46. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. 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 consisting 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 20
feet.
c. Street signs installed to the satisfaction of the Department of Public
Works. Temporary street signs shall be subject to the approval of the
Department of Public Works and Fire Department. Locations and
identification of temporary street signs shall be subject to review and
approval by the Department of Public Works and Fire Department. (Fire,
Planning, Engineering)
47. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or
when special cimumstances exist in a subdivision design, as determined by the Fire
Marshal, the applicant shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department. (Fire, Planning, Engineering)
48. Construct a temporary turnaround or street improvements, upon the request of and as
determined necessary by the City Engineer and Fire Marshal, at the end of temporarily
stubbed streets greater than 150 ft. in length (as measured from the nearest street
centerline intersection). (Engineering)
49. Design all vertical and horizontal curves and intersection sight distances to conform to
the Caltrans Highway Design Manual. All streets, which intersect other streets at or near
horizontal or vertical curves must meet intersection design sight distance requirements in
accordance with City standards. Sight visibility easements shall be granted as necessary
to comply with the requirements in the Caltrans Highway Design Manual and City of
Chula_Vista policies, where a conflict exists, the City of Chula Vista policies shall
prevail. Lighted SAG vertical curves may be permitted, with the approval of the City
Engineer, at intersections per American Association of State Highway and Transportation
Officials (AASHTO) standards. (Engineering)
50. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain
approval by the City Engineer a waiver request for all subdivision design items not
specifically waived on the Tentative Map, and not conforming to adopted City standards.
The Engineer-of-work request shall outline the requested subdivision design deviations
from adopted City standards and state that in his/her professional opinion, no safety
issues will be compromised. The waiver is subject to approval by the City Engineer in the
City Engineer's sole discretion. (Engineering)
51. Prior to approval of the first map for the Project, Applicant shall agree to construct and
secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the
following improvements:
a. All necessary improvements for providing ingress and egress to the Elementary
School (S-l). This requirement shall also include but is not limited to any
required modification to medians, storm drainage system, street lights, and
irrigation improvements; and,
b. If warranted and upon the request of the City Engineer, traffic signal
improvements for providing vehicular ingress and egress to the Elementary
School S-1. (Engineering)
52. Applicant shall enter into an agreement with the City, prior to the approval of the first
map whereby the developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for said
stops shall be prepared in accordance with the transit stop details described in the
Village Six Design Plan and Village Six PFFP and as approved by the Directors
of Plarming and Building and Public Works.
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT System. (Engineering)
53. Alleys shall be constructed to City of Chula Vista standards.
54. Prior to the approval of a Conditional Use Permit (CUP) for the private high school
located at Neighborhood S-2/R-11, CUP applicant shall submit to and obtain the approval
of the City Engineer of a vehicular access study which shall analyze the need for dual
left-turn lanes from Bimh Road into the campus, and/or other required improvements.
The CLIP applicant shall thereafter install all recommended improvements to the
satisfaction of the City Engineer. (Engineering)
55. The developer shall construct sidewalks and construct pedestrian ramps on all walkways
to meet "Americans with Disabilities Act" standards and as approved by the City
Engineer. 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 required by federal law, City ADA standards may be considered vested,
as determined by Federal regulations, only after construction has commenced.
(Engineering)
56. Prior to approval of the first final map for the Project, Applicant shall enter into an
agreement to fund half of the cost of constructing a pedestrian bridge connecting Village
Six with Village 2 over La Media Road north of Santa Venetia Street. Applicant shall
further agree:
a. To cooperate with the City in order to establish, concurrently with the
approval of the first final "B" map within Village Six, a development impact
fee program, or other funding mechanism to the satisfaction of the City
Engineer, to fund Applicant's fair share of said bridge;
b. To not object to being included in any development impact fee program
established to fund Applicant's said fair share;
c. That the timing of the construction of said bridge shall be determined by the
City and shall be a condition of approval of the first tentative map in Village
2.
d. As part of the bridge design, funding and construction, a 10'- wide concrete
walkway shall be provided from the Village Pathway on the north side of
Santa Venetia to the bridge landing on the east side of La Media. (Planning,
Engineering)
57. Prior to the approval of the first final map for the Project the Applicant shall enter into an
agreement to fund half of the cost of constructing a pedestrian bridge connecting Village
Six to Village Five in the vicinity of East Palomar Street. The Applicant shall further
agree to cooperate with the City in order to establish, concurrently with the approval of
the first final "B" map within Village Six, a development impact fee, or other funding
mechanism to the satisfaction of the City Engineer to fund Applicant(s') fair share of said
bridge. The Applicant shall not object to being included in said development impact fee
program. (Engineering, Planning)
58. Applicant who is responsible for the construction of East Palomar Street pursuant to the
PFFP, shall construct the pedestrian bridge connecting Village Six to Village Five. The
timing of the construction of said bridge shall coincide with the improvement of East
Palomar Street between Olympic Parkway and the Village Six Core. In addition, the
Applicant shall:
a. Prior to approval of the first final map that triggers the construction of
improvements of East Palomar Street, enter into an agreement to construct
said bridge.
b. Construct the bridge in a location as directed by the Directors of Planning and
Building and Public Works.
c. As part of the rough grading plan that includes the southerly bridge landing,
submit to for approval by the Director of Public Works and the Director
Buildings and Park Construction, a plan for the connection of the bridge to the
Village Six Pathway along East Palomar Street and the sidewalk on Olympic
Parkway trail. The Developer shall further acknowledge and agree that the
connection between the Olympic Parkway sidewalk and the southerly bridge
landing may require that a route through adjacent neighborhoods be
established using connector trails to Olympic Parkway. (Engineering,
Planning)
59. Prior to the approval of the first "B" map, Applicant shall provide at Applicant's own
expense and to the satisfaction of the City Engineer a Pedestrian Bridge Development
Impact Fee Report, that: 1) determines the construction cost estimate for the bridges; 2)
establishes the DIF area of benefit; and 3) establishes the DIF amount. At the sole
discretion of the City, the Developer(s) may submit for approval by the City Engineer an
update to the existing SPA One Pedestrian Bridge Development Impact Fee Report dated
November 6, 1998 that adds the Village Six project to the area of benefit and adjusts the
fee as necessary and takes accotmt of bridge design, including style, color, lighting, etc.,
in all cost calculations, said bridge design being the same as the bridge connecting
Village One to Village Five over La Media Road.
60. The Applicant shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately
owned facilities may be allowed subject to the review and approval of the City Engineer
if the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees
to the following:
i. Apply for an encroachment permit for installation of the private facilities
within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
iii. Mark out any private facilities owned by the developer whenever work is
performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets. (Engineering)
61. Street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer. (Planning, Engineering)
62. Prior to issuance of any grading permit based on plans proposing the creation of down
slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's
approval of a study to determine the necessity of providing guardrail improvements at
those locations. Applicant shall construct and secure any required guardrail
improvements in conjunction with the associated construction permit as determined by
and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans
Traffic Manual and Roadside Design Guide requirements and American Association of
State Highway and Transportation Officials (AASHTO) standards to the satisfaction of
the City Engineer. (Engineering)
63. Prior to approval of each final map, Applicant shall agree to install permanent street name
signs, and shall install such signs prior to the issuance of the first building permit for
production homes for the applicable final map. (Engineering)
64. Applicant shall construct and secure the installation of ten permanent traffic count
stations, subject to the approval of the City Engineer, as indicated below:
Traffic count station Construct and secure construction
General location prior to approval of
La Media Road (4 count stations) Final map that triggers construction of
the applicable section of La Media Road
(2)
Olympic Parkway (4 cotmt station) (1)
Birch Road (2 count stations) Final map that triggers construction of
applicable section of Birch Road (2)
(1) Prior to approval of the first "A" map Applicant shall submit plans to the City for
review and approval by the City Engineer for the count stations on Olympic Parkway.
(2) The traffic count stations shall be installed at such specific locations as determined
by the City Engineer during processing of the applicable improvement plans.
(Engineering)
GRADING AND DRAINAGE
65. The Applicant shall provide drainage improvements in accordance with the Otay Ranch
Village Six SPA Preliminary Regional Drainage Study: Major Drainage Patterns and
Facilities, dated August 28, 2001, or as otherwise approved by the Director of Public
Works. The Applicant shall maintain all such drainage improvements until said
improvements are formally accepted by the applicable maintenance district, or other
mechanism as approved by the City. Said maintenance shall ensure that drainage facilities
will continue to operate as designed. (Engineering)
66. Prior to approval of any grading permit or any other grant of approval for constructing the
proposed retention/detention basins, whichever occurs earlier, the Applicant shall
demonstrate, to the satisfaction of the City Engineer, that the design of the proposed
retention/detention basins would reduce the 5-, 10-, 25-, 50- and 100-year post-
development peak flows, to any natural drainage course to an amount not exceeding pre-
development conditions. (Engineering)
67. Storm drain systems that collect water from private property shall be designated private
on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected fi-om public street
right-of-way, public park or open space areas is first introduced into the system.
Downstream from that point, the storm drain system shall be public. An encroachment
permit shall be processed and approved by the City for private storm drains within the
public right-of-way or within C.F.D. maintained Open Space lots. (Engineering)
68. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic
and hydraulic studies and calculations, including dry lane calculations for all public
streets. Calculations shall also be provided to demonstrate the adequacy of downstream
drainage structures, pipes and inlets. (Engineering)
69. Prior to the issuance of any grading permit which impacts off-site property, the applicant
shall deliver to the City, a notarized letter of permission to grade and drain for all off-site
grading. (Engineering)
70. Storm drain design shall conform to the requirements of the Subdivision Manual and the
Grading Ordinance as may be amended from time to time. (Engineering)
71. Provide improved all-weather access with H-20 loading to all public storm drain clean-
outs or as otherwise approved by the City Engineer. (Engineering)
72. Provide a minimum of 6-inch thick PCC (reinforced with//4 BAR at 18" on center each
way) designed for H-20 loading and heavy broom finish for any access road with grades
of 10% or greater. All other access roads must be asphalt concrete designed to carry H-
20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a
minimum of 6-inch PCC (reinforced with//4 bar at 18" on center each way) designed for
H-20 loading with a heavy broom finish. (Engineering)
73. All grading and pad elevations shall be within 2 feet of the grades and elevations shown
on the approved tentative map or as othenvise approved by the City Engineer and
Director of Planning and Building. (Engineering)
74. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement
for public storm drain lines located between residential traits unless otherwise directed by
the City Engineer. All other public easements shall meet City standards for required
width. (Engineering)
75. Development of the subdivision shall comply with all applicable regulations established
by the United States Enviromnental Protection Agency CLISEPA) as set forth in the
National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for
urban runoff and storm water discharge and any regulations adopted by the City of Chula
Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall
file a Notice of Intent with the State Water Resources Control Board to obtain coverage
under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities. The SWPPP shall
include both construction and post construction pollution prevention and pollution control
measures and shall identify funding mechanisms for post construction control measures.
The Developer, and successors in interest, shall comply with all the provisions of the
N.P.D.E.S. and the Clean Water Program during and after all phases of the development
process, including but not limited to: mass grading, rough grading, construction of street
and landscaping improvements, and construction of dwelling units. The applicant shall
design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City
Engineer. The San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations
such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and
Numeric Sizing Criteria for new residential development. The Applicant shall comply
with all relevant City regulations and policies including, but not limited to, incorporation
into the design and implementation of the Project temporary and permanent structural
Best Management Practices and non-structural mitigation measures that would reduce
pollution of storm water runoff to the maximum extent practicable. (Engineering)
76. Submit to and obtain approval from the City Engineer and Director Building & Park
Construction for an erosion and sedimentation control plan as part of grading plans.
(Engineering, Building & Park Construction)
77. Storm drain clean outs shall not be located on slopes or in inaccessible areas for
maintenance equipment. Public storm drains shall be installed as close to perpendicular
to the slope contours as possible but in no case greater than 15 degrees from
perpendicular to the contours. (Engineering, Building & Park Construction)
78. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3:1
gradient shall not be allowed. Drainage shall be collected in an inlet and carried via
underground storm drain to the bottom of the slope or a drain inlet connected to an
underground storm drain. The applicant shall ensure that brow channels and ditches
emanating fi.om and/or running through City Open Space are not routed through private
property. Brow ditches and channels from private property shall not be routed through
City open space unless approved by the City Engineer. (Engineering)
79. Indicate on all affected grading plans that all walls, which are to be maintained by open
space districts shall be constructed entirely within open space lots dedicated to the City.
(Engineering)
80. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved
by the City Engineer and Director Building & Park Construction. Lots shall be so graded
as to drain to the street or an approved drainage system. Drainage shall not be permitted
to flow over slopes or onto adjacent property. (Engineering, Building & Park
Construction)
81. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the
beginning of the slope rounding for wall maintenance, unless otherwise approved by the
City Engineer. (Engineering)
82. Provide a setback, as determined by the City Engineer based, on Applicant's Soils
Engineer recommendations, between the property lines of the proposed lots and the top or
toe of any slope to be constructed where the proposed grading adjoins undeveloped
property or property owned by others. The City Engineer will not approve the creation of
any lot that does not meet the required setback. (Engineering)
83. Prior to the issuance of the first grading permit for the Project the Applicant shall submit
for approval by the City Engineer, a horizontal and vertical alignment study for Birch
Road from La Media Road to SR-125. A copy of the approved study shall be forwarded
by Applicant to Caltrans and California Transportation Ventures. (Engineering)
84. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact
design and location of such facilities shall be based on hydrological modeling and
determined pursuant to direction by the City Engineer. (Engineering)
85. Developer shall submit a drainage study to the satisfaction of the City Engineer with each
grading permit application showing that any interim conditions do not adversely impact
downstream flows. (Engineering)
86. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans
are in substantial compliance with the grading concepts outlined in the Village Six SPA
Plan consistent with the landform grading policies described in the City's General Plan.
Said grading concepts will ensure that manufactured slopes are contoured to blend with
and reflect adjacent slopes. (Engineering, Planning & Building)
87. Prior to the approval of the first map for the Project, or issuance of the first grading
permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement
with the City of Chula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the new Municipal Storm Water Permit (Order
No. 2001-01) issued by the San Diego Regional Water Quality Control Board
including revision of plans as necessary.
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, fi.om and against all fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection with
the execution of any construction and/or grading work for the Project, whether the
non-compliance results from any action by the Applicant, any agent or employee,
subcontractors, or others. The applicant's indemnification shall include any and
all costs, expenses, attorney's fees and liability incurred by the City.
c. That the City Engineer may require incorporation of Standard Urban Storm Water
Mitigation Plan (SUSMP) requirements during the implementation period
preceding the adoption of the local SUSMP by the City, for all priority projects or
phases of priority projects undergoing approval process, in accordance with Order
No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the
City Engineer.
d. To not protest the formation of a facilities benefit district or any other fimding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring of NPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements and
shall not interfere with the fight of any person to vote in a secret ballot election.
Such Applicant obligation may be reassigned to a Master Homeowner's Association or
other appropriate Maintenance District subject to the approval of the City Engineer.
(Engineering)
SEWER
88. Sewer access points shall, unless otherwise approved by the City Engineer and the
Director of Public Works:
a. Be located at the centerline of streets or cul-de-sacs; and,
b. Not be located on slopes or in inaccessible areas of maintenance equipment; and,
c. Not be in the wheel tracks on Promenade Streets and higher street classifications;
and,
d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of
Class I Collectors and above; and,
e. Have improved all-weather paved 12-foot wide minimum access to withstand a
H-20 vehicle load as approved by the Director of Public Works; and,
f. Be provided at all changes of alignment of grade. (Engineering)
89. Prior to the first final "A" map, the Applicant shall agree to participate and shall
thereafter participate in any necessary funding for implementing a Poggi Canyon sewer
trunk monitoring program, as determined by the City Engineer. The sewer tnmk
monitoring program shall include an analysis of the remaining capacity of the Poggi
Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of
the City Engineer that sufficient capacity exists for the number of EDUs contained in all
final map for the Project submitted to the City pursuant to the limits set forth in the PFFP
and the memorandum from the Director of Public Works entitled "Threshold Capacity of
Poggi Canyon Trunk Sewer", dated February 19, 2001. The analysis shall include all
flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from
Village Six, or from within the Poggi Canyon gravity basin.
90. The Village Six sewer improvements shall be consistent with the following technical
studies: McMillin - Otay Ranch Village Six Sewer Study, dated August 2001; Addendum
Summary Sewer Technical Studies for Otay Ranch Village Six, dated September 20,
2001; and the Overview of Sewer Service for the Otay Ranch Company Village Six,
dated August 31, 2001. (Engineering)
91. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1%
and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall
be installed as close to perpendicular to the slope contours as possible but in no case
greater than 15 degrees from perpendicular to the contours. (Engineering)
92. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement
for sewer lines located between residential units unless otherwise directed by the City
Engineer. All other easements shall meet City standards for required width. (Engineering)
PARKS AND OPEN SPACE
93. The Village Six Project shall satisfy the requirements of the Park Land Dedication
Ordinance (PLDO). 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 and neighborhood parks. This requirement shall be
satisfied in a future local park through the payment of fees, dedication of land, or a
combination thereof in a manner acceptable to the Director Building and Park
Construction. Developer agrees that at no time shall there be a deficit in local parks for
the project. Common useable open space (CUOS) Lot #OS-21 shall not receive park
credit. (Building and Park Construction)
94. Developer shall satisfy its community parkland obligation in a manner consistent with
Chula Vista Municipal Code Chapter 17. The community parkland obligation will be
included within a proposed community park to be located within a service radius of
Village Six. The location of the community parkland obligation is subject to the approval
of the Director Building and Park Construction. (Building and Park Construction)
95. Prior to approval of each final "B" Map, or prior to issuance of building permits for
condominiums, community apartments, or stock-cooperatives not requiring the filing of a
final "B" Map, the Applicant shall pay all applicable parkland acquisition and
development fees (PAD Fees) and/or dedicate land to the City in accordance with
C.V.M.C. Chapter 17.10, subject to the approval of the Director Building and Park
Construction. (Building and Park Construction)
96. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to
the Director Building and Park Construction acknowledging that the City is in the process
of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with
the provisions of said plan as adopted and as it affects facility and other related
requirements for the Project's parks. (Building and Park Construction)
97. All local parks shall be designed and constructed consistent with the provisions of the
Chula Vista Landscape Manual and related Planning and Building Department
specifications and policies.
98. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared,
submitted to and received approval from the Director Building and Park Construction of a
comprehensive "Project Landscape Master Plan". Such approval shall be indicated by
means of the Director Building and Park Construction signature and date on said Plan.
The contents of the Landscape Master Plan shall conform to the City staff checklist and
include the following major components:
a. Landscape Concept;
b. Trail Plan;
c. Wall and Fence Plan to include the previously approved noise barrier plan;
d. Brush Management Plan, identifying three zones and treatment, if any;
e. Maintenance Responsibility Map which delineates of private and public
property and indicates the maintenance responsibility for each;
f. Planting Concept Plan; and
g. Master Irrigation Plan
Upon request of the Director Building and Park Constmction, Applicant shall update the
Project's Landscape Master Plan to conform to any changes made subsequent to the
initial approval of the Plan. (Building and Park Construction, Planning and Building,
Engineering)
99. The wall and fence plan for the Project shall be included in the Project's Landscape
Master Plan and shall indicate color, materials, height and location. Materials and color
used shall be compatible and all walls located in comer side-yards or rear yards facing
public or private streets or pedestrian connections shall be constructed of a decorative
masonry and/or wrought iron material. View fencing shall be provided at the ends of all
other open cul-de-sacs where a sound wall is not required. All walls shall be constructed
pursuant to EIR 98-01 and the Village Six SPA Plan. (Engineering, Planning, Building
and Park Construction)
100. Within 90 days of approval of the applicable final "B" map, enter into a maintenance
agreement and grant easements as necessary for landscaping and improvements
maintained by a Homeowners Association within City right-of-way or such other public
areas required by the City. (Engineering, Building and Park Construction)
101. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
obtain the approval of and secure to the satisfaction of the Director of Planning &
Building all landscape, trail and irrigation slope erosion control plans. All plans shall be
prepared in accordance with the current Chula Vista Landscape Manual and Grading
Ordinance, as may be amended from time to time. Applicant shall install landscape, trail
and in:igation slope erosion control in accordance with approved plans no later than six
months from the date of issuance of the grading permit. If the work cannot be completed
within the specified time, the Applicant may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be
submitted for approval in writing to the Planning & Building Department sufficiently in
advance of the end of the six-month timeframe to allow processing of the extension.
Notwithstanding the time of installation of landscape, trail and irrigation slope erosion
control, Applicant shall remain in compliance with NPDES. (Planning, Building and
Park Construction)
102. Applicant shall install underground utilities to the property line of the Project's park site
(P-l) to the satisfaction of the Director Building and Park Construction and the City
Engineer concurrently with the installation of undergrotmd utilities for any portion of the
Project adjacent to the park site or upon request of the Parks and Recreation Director,
whichever occurs earlier. (Building and Park Construction, Engineering)
103. Applicant shall submit a construction change to its grading plan or improvement plans to
show that Magdalena Avenue has been lowered to allow for no more than a five (5) foot
change in elevation for that portion of Magdalena Avenue which borders Park P-1. Park
P-1 shall consist of seven (7.0) net acres with a maximum 2% grade. Developer shall be
responsible for all costs of any walls required by the City to accommodate park
improvements which costs shall not be credited towards PLDO fees. (Building & Park
Construction, Engineering)
TRAILS
104. Prior to the approval of any final "B" map for the project containing a trail, the Applicant
shall enter into an agreement to secure and construct the following trails: 1) A 6' wide
neighborhood trail connector within a 12' easement from the cul-de-sac at the north end
of Oak Point Drive down to Olympic Parkway. 2) A 6' wide neighborhood trail
connector within a 12' easement from the cul-de-sac on the west end of View Park Way
down to La Media Road. 3) A 6' wide neighborhood trail connector within a 12'
easement from the intersection of Vendola Street and Bellagio Street down to Magdalena
Avenue. Final trail design, alignment and construction details, including fencing and
signage shall be subject to approval by the Director Building & Park Construction and the
Director of Planning & Building. (Building and Park Construction, Planning &
Building)
105. Prior to the approval of any "B" map with open space lots for the Project, Applicant shall
provide an easement to the City, in a form approved by the City Attorney, for all trail
alignments. (Building & Park Construction)
106. Prior to approval of the first "A" map, the applicant shall submit a letter to the Director
Building & Park Construction acknowledging that the City is in the process of preparing
and adopting a City-wide Greenbelt Trails Master Plan, and agreeing to comply with the
provisions of said plan, and modify the project as necessary to comply and remain in
compliance with the adopted Greenbelt Trails Master Plan. (Building & Park
Construction)
107. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading
solution can be found, retaining walls will not be used to gain additional space for the
street corridor tmless approved as shown on the Tentative Map. The retaining walls are
to be located and detailed on all applicable grading plans for the Project, and subject to
the approval of the Directors of Planning and Building, Public Works and Building and
Park Construction. Slopes gradients may be increased to the maximum permitted in the
grading ordinance in limited locations to accommodate constraints such as maintenance
access ways. Landform grading policies shall be observed and followed. If a
combination of low retaining walls and modified landform grading cannot accommodate
any constraints or maintenance access areas, the top of slope shall be adjusted, as City
deems necessary. (Building and Park Construction)
108. The graded section upon which six-foot wide connector trails, located within the Project,
are constructed shall be 12 feet in width. Six feet shall be provided for the trail bed, with
a 2 foot graded shoulder on one side (shoulder graded at 2% max.) and a 4' graded
shoulder on the side of the trail bed adjacent to the down slope (shoulder graded at 2%
max.). Trail construction materials shall be subject to the approval of the Directors of
Public Works and Planning and Building. (Building and Park Construction, Public
Works)
109. Applicant shall obtain the approval of the Director Building and Park Construction for
appropriate signage indicating location of trail connections, handicap access, and bikeway
locations to the Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said
signage shall be included on the Landscape and Irrigation Improvement Plan. Signage
shall be installed upon the request of the Director Building and Park Construction and
Director of Planning and Building. (Building and Park Construction, Planning and
Building)
110. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report,
as may be amended from time to time, developed for: U.S. Architectural and
Transportation Barriers Compliance Board when designing all trails and trail connections.
(Building & Park Construction)
111. Prior to the issuance of each street construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction of the City Engineer and the Director Building &
Park Construction, for parkway and median landscape and irrigation plans. All plans shall
be prepared in accordance with the current Chula Vista Landscape Manual and the
Village Six SPA Plan, as may be amended from time to time. Applicant shall install all
improvements in accordance with approved plans to the satisfaction of the Director
Building & Park Construction and the City Engineer. (Building & Park Construction,
Engineering)
OPEN SPACE/ASSESSMENTS
112. In the event Developer wishes to request the formation of a Maintenance District or
similar funding mechanism, the Developer shall submit an application packet for
formation of a Community Facilities District (CFD), and submit the request for CFD
formation to the City Council for consideration. The CFD shall be formed prior to
approval of the first "B" map for the Project. Subject to the approval of the Director of
Public Works, Developer shall submit a list of amenities, acreage and costs for all Open
Space District lots including but not limited to the cost of any detention basin
maintenance and structural storm water quality BMP's within the Project. Developer
shall maintain the open space improvements for a minimum period of one year or until
such time as accepted into the open space district by the Director of Public Works. If
Council does not approve the CFD formation, another financing mechanism such as a
Master Homeowners Association, or an endowment shall be established and submitted to
the City Council for consideration prior to approval of the first map. Along with
submission of the application package for formation of the CFD, Developer shall submit
an initial cash deposit in an amount to be determined by the City Engineer to begin the
process of formation of the Open Space District. All costs of formation and other costs
associated with the processing of the open space relating to this project shall be borne by
the Developer. The Developer shall provide all the necessary information and materials
(e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of
the proposed open space district. (Public Works)
113. Prior to the approval of the first final "B" Map, the developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning and
Building of the formation of a Master Homeowner's Association (MHOA), or another
financial mechanism acceptable to the City Manager. The MHOA shall be responsible
for the maintenance of those landscaping improvements that are not to be included in
the proposed financial mechanism. The City Engineer and the Director of Planning
and Building may require that some of those improvements shall be maintained by the
Open Space District. The final determination of which improvements are to be
included in the Open Space District and those to be maintained by the MHOA shall
be made during the Open Space District Proceedings. The MHOA shall be structured
to allow annexation of future tentative map areas in the event the City Engineer and
Director of Planning and Building require such annexation of future tentative map
areas. The MHOA formation documents shall be subject to the approval of the City
Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of easements
and maintenance standards and responsibility of the MHOAs for the open space
areas within the Project area. Developer shall acknowledge that the MHOAs
maintenance of public open space, trails, parkways, and like areas, may expose
the City to liability. Developer agrees to establish a MHOA that will hold the
City harmless from any actions of the MHOA in the maintenance of such areas;
and,
c. Submit and obtain approval of the City Engineer and the Director of Planning and
Building of a list of all Otay Ranch Village Six SPA and MHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be
submitted for the improvements and facilities to be maintained by the Open Space
District and those to be maintained by a Master Homeowner's Association.
Include a description, quantity and cost per year for the perpetual maintenance of
said improvements. These lists shall include but are not limited to the following
facilities and improvements:
i. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access
roads, drainage structures and landscaping. Each open space lot shall also
be broken down by the number of acres off 1) turf, 2) irrigated, and 3)
non-irrigated open space to aid in the estimation of a maintenance budget
thereof.
ii. Medians and parkways along Olympic Parkway, La Media and Birch
Road (onsite and offsite) and all other street parkways proposed for
maintenance by the applicable Community Facilities District or
Homeowners' Association.
iii. The proportional share of any proposed detention basin (temporary or
permanent) located in the Poggi Canyon Basin.
iv. The proportional share of the maintenance of the median and parkways
along that portion of Olympic Parkway adjoining the development as
determined by the City Engineer.
v. All storm-water quality structural BMP's serving the Project.
(Engineering)
114. Developer shall irrevocably offer for dedication in fee interest to the City on all
applicable final maps, those open space lots shown on the tentative map to be maintained
by an open space district. (Engineering)
115. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration
of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to
the approval of the City Engineer. The CC&R's shall include the following obligations
of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
i. All open space lots that shall remain private,
ii. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect the
City can become effective, said revisions shall be approved by the City. The MHOA
shall not seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities
of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 pement of
the holders of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one
million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of thc City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property
owners know that the walls may not be modified or supplemented nor may they
encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets, driveways,
drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but not the
obligation to enforce the CC&R provisions the same as any owner in the project.
j. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission of the City.
k~ The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of first
mortgages within the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall
also include language which states that any proposal by the HOA to allow "speed
bumps" in the future shall require prior written approval of 100% of all the
Homeowners Association members. (Engineering)
116. Future property owners shall be notified during escrow, by a document to be initialed by
the owners, of the maintenance responsibilities of the MHOA and their estimated annual
cost. Developer shall submit the document and obtain the approval of the City Engineer
and Director of Planning and Building prior to distribution through escrow, which
approval shall not be unreasonably withheld. (Engineering, Planning and Building)
117. Lot OS-21 shall be maintained by a maintenance entity as determined by the Director of
Planning and Building based on City Cotmcil policy. The facilities in Lot OS-21 to be
maintained by a maintenance entity include, but are not limited to: pavements, sidewalks,
street trees, street lights including power supply, private drainage facilities and
landscaping of private common areas. Lot OS-21, a Common Usable Open Space area as
described in the Chula Vista Design Manual, shall be landscaped, graded and contain
amenities to the satisfaction of the Director Building and Park Construction.
Construction shall be completed prior to the issuance of the final building permit in either
Neighborhoods R-1 or R-3, whichever occurs earlier. Lot OS-21 shall have a minimum
usable area of 0.7 acre. If maintained by a Master Home Owner's Association, Applicant
shall receive CPF credit. (Engineering, Building & Park Construction)
118. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the
length of any wall abutting an open space district lot, as measured from face-of-wall to
beginning of slope. Said area shall be as approved by the City Engineer and the Director
of Planning and Building. (Engineering, Planning and Building)
119. Developer shall ensure that all buyers of individual lots adjoining open space lots,
containing walls maintained by the open space district, sign a statement, when purchasing
their homes, stipulating that they are aware that the walls are on City or HOA property
and that they shall not modify or supplement the wall or encroach onto the property.
These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering)
120. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer
and Director Building & Park Construction that all improvements located on open space
lots are incorporated into and maintained by a Home Owner's Association or an Open
Space District. (Engineering, Building & Park Construction)
121. The developer agrees to not protest formation or inclusion in a maintenance district or
zone for the maintenance of landscaped medians and scenic corridors along streets within
or adjacent to the subject subdivision. (Engineering)
122. Prior to issuance of any grading permit which includes permanent Landscaping and
Irrigation (L&I) improvements to be installed in an open space lot to be maintained by
the Community Facility District (CFD), the developer shall place a cash deposit, or other
funding mechanism acceptable to the City, in the City's sole discretion, with the City
which will guarantee the maintenance of the L&I improvements until the City accepts
said improvements. In the event the improvements are not maintained to City standards
as determined by the City Engineer and the Director Building & Park Construction, the
deposit shall be used to perform the maintenance. The amount of the deposit shall be
equivalent to the estimated cost of maintaining the open space lots to City standards for a
period of six months, ("Minimum Deposit Amount"), as determined by the City
Engineer. Any unused portion of said deposit may be incorporated into the CFD's
Reserve Account, or returned to the Developer, according to the following:
a. If, six months prior to the scheduled date of acceptance of Landscape and
Inigation improvements for maintenance by the CFD, the Reserve Account is less
than the Minimum Deposit Amount, the difference between these two amounts
shall be incorporated into the Reserve Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly
increments over the last six month's of the maintenance period if the maintenance
is being accomplished to the satisfaction of the Director Building & Park
Construction. (Engineering, Building & Park Construction)
WATER
123. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the
satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels
dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s). (Engineering)
124. Prior to approval of each Final Map, present verification to the City Engineer in the form
of a letter from Otay Water District that the subdivision will be provided adequate water
service and long-term water storage facilities. The Applicant shall phase and install water
system improvements as required by the Otay Water District. (Engineering, Planning &
Building)
125. Prior to approval of each Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Otay Water District that Otay Water District is able
to provide sufficient water supply pursuant to Section 66473.7 of the California
Government Code, as may be amended from time to time.
EASEMENTS
126. Grant to the City a 10' wide easement for general utility purposes along public street
frontage of all open space lots offered for dedication to the City unless otherwise
approved by the City Engineer. Ensure that sufficient room is available for street tree
planting when locating utilities within this easement. (Engineering)
127. Indicate on all appropriate "B" Maps a reservation of easements to the future
Homeowners Association for private storm drain, if any, within open space lots as
directed by the City Engineer. Obtain, prior to approval of each final "B" Map, all off-
site fight-of-way necessary for the installation of the required improvements for that
subdivision thereto. The developer shall also provide easements for all on-site and off-
site public drainage facilities, sewers, maintenance roads, and any other public facilities
necessary to provide service to the subject subdivision. (Engineering)
128. Grant on the applicable Final Maps sight distance easements to the City of Chula Vista
for corner lots, as required by the City Engineer to keep such areas clear of any
obstructions. Sight distance easements shall be shown on applicable grading plans,
improvement plans, and final maps, to the satisfaction of the City Engineer.
(Engineering)
129. Design landscape and irrigation plans such that street tree placement is not in conflict
with the visibility of any traffic signage. The Developer shall be responsible for the
removal of any obstructions of said traffic signs to the satisfaction of the City Engineer.
(Engineering)
130. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on
any final map that proposes private utilities or drainage facilities crossing property lines
as directed by the City Engineer. (Engineering)
131. Grant to City on all appropriate final "B" Map, a 2-foot access easements along the rear
and side property line of lots adjoining walls to be maintained by the open space district.
The locations of these easements shall be as required by the Director of Planning and
Building and the City Engineer to provide adequate access for maintenance of said walls.
(Engineering)
132. Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
133. Where a private storm drain easement will parallel a public sewer easement, the
easements shall be delineated separately on the final map and on the grading and
improvement plans. If any portion of the easements will overlap one another, the City
shall have a superior right to the common portion of the easements. (Engineering)
134. Prior to the approval of each final map, the City Engineer may require either the removal
or the subordination of any easement, which may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way. (Engineering)
135. The developer shall notify the City at least 60 days prior to consideration of the first map
by City if any off-site right-of-way cannot be obtained as required by the Conditions of
approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.) After said notification, the
developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by
the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the
final map. The developers shall pay all costs, both direct and indirect incurred in
said acquisition.
e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the
City in order to comply with the PFFP schedule. Applicant shall bond for the off-
site improvements as required by the City Engineer. (Engineering)
136. Grant on the final maps minimum 15' wide easemems to the City of Chula Vista as
required by the City Engineer for construction and maintenance of sewer facilities.
(Engineering)
137. Provide minimum 15' wide easements to the City of Chula Vista as required by the City
Engineer for construction and maintenance of storm drain facilities. (Engineering)
138. Provide easements for all off-site public storm drains and sewer facilities prior to
approval of each final map requiring those facilities. The easements shall be sized as
required by the City of Chula Vista Standards, unless otherwise approved by the City
Engineer. (Engineering)
139. Grant on all applicable final maps, easements along all public streets within the
subdivision as shown on the temative map and in accordance with City standards unless
otherwise approved by the City Engineer and the Director of Planning and Building. The
City Engineer may require either the removal or the subordination of any easement,
which may unreasonably interfere with the full and complete exercise of any required
public easement or right-of-way. (Engineering)
140. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for
sewer lines located between residential traits, unless otherwise required by the City
Engineer. All other easements shall meet City standards for required width.
(Engineering)
AGREEMENTS/FINANCIAL
141. Enter into a supplemental agreement with the City, prior to approval of each Final Map,
where the developer agrees to the following:
a. That the City may withhold building permits for the Project if any one of the
following occur:
i. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended from time to time, have been reached or in order
to have the Project comply with the Growth Management Program, as may
be amended from time to time.
ii. Traffic volumes, levels 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. Public utilities shall include, but
not be limited to, air quality, drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to thc
satisfaction o£the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the
City's Dircctor of Planning and Building and the Public Works Director.
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 Village Six SPA if the required public
facilities, as identified in the PFFP or as amended by the Annual
Monitoring Program have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by
its agents, officers, or employees with regard to this subdivision pursuant to
Section 66499.37 of the State Map Act provided the City promptly notifies the
Applicant of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista equal
opportunity to place conduit and provide cable television service for each lot or
unit within the Tentative Map area. Developer further agrees to grant, by license
or easement, and for the benefit of, and to be enforceable by, the City of Chula
Vista, conditional access to cable television conduit within the properties situated
within the final map only to those cable television companies fi'anchised by the
City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so that
it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and promises
to remain in compliance with the terms and conditions of the franchise and
with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may have
been, or may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce said
covenant by such remedies as the City determines appropriate, including
revocation of said grant upon determination by the City of Chula Vista that they
have violated the conditions of grant. (Engineering, Planning & Building)
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The City
shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach
e. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project. (Engineering)
142. The Applicant shall enter into an supplemental agreement with the City prior to approval
of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program
(CUP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
(Engineering)
143. Prior to approval of each Final Map, the Applicant shall comply with all previous
agreements as they pertain to this tentative map. (Engineering, Planning & Building)
144. Prior to approval of each Final Map, the Applicant shall contract with the City's current
street sweeping franchisee, or other server approved by the Director of Public Works to
provide street sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City. The developer shall
cause street sweeping to commence immediately after the final residence, in each phase,
is occupied and shall continue sweeping until such time that the City has accepted the
street or 60 days after the completion of all punch list items, whichever is shorter. The
developer further agrees to provide the City Special Operations Manager with a copy of
the memo requesting street sweeping service, which memo shall include a map of areas to
be swept and the date the sweeping will begin. (Public Works)
145. The Applicant shall be required to equitably participate in any future regional impact fee
program for regional facilities 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 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. (Engineering)
146. The Applicant shall enter into an agreement with the City, prior to approval of the first
"A" map, to fund the cost of transit facilities. Said facilities, including but not limited to
"transit stops" shall be designed and constructed in a manner as approved by the City's
Transit Coordinator and Director of Planning and Building. (Planning and Building,
Engineering)
147. Prior to approval of the applicable final map, Applicant shall construct and secure, or
agree to construct and secure, the construction of transit stop facilities as set forth in the
PFFP. The schedule for constructing the transit stops shall be approved or determined by
the City Engineer prior to approval of the aforementioned final map. Applicant shall
design, subject to the approval of the City Engineer said transit stops in conjunction with
the improvement plans for the related street. The City Engineer may require that
Applicant provide security guaranteeing the construction of said transit stops in a form of
cash or any other form approved by the City Engineer at his/her sole discretion. Since
transit service availability may not coincide with project development, the Applicant shall
install said improvements when directed by the City. (Public Works/Transit)
148. No final "B" maps may be recorded within Village Six SPA area until such time that an
annexable Mello Roos District, or some other financing mechanism approved by the
school district, to provide for the construction of needed elementary, middle and high
schools is established. (Engineering)
149. Prior to approval of the first final "A" Map for the project in order to satisfy their fair-
share contribution for financing the transit system, the Applicant shall 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 transit
system. (Engineering)
150. Prior to the approval of any final map for the Project that contains open space, the
Applicant shall enter into an agreement to construct and secure open space landscape
improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director Building & Park Construction and approved in
form by the City Attorney. (Engineering)
SCHOOLS
151. The applicant shall deliver to the Chula Vista Elementary School District, a 10-net
useable acre graded elementary school site including utilities provided to the site and an
all weather access road acceptable to the District, prior to issuance of the 1,050t~
residential building permit (352 students) within Village Six SPA. 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. (Planning and
Building)
MISCELLANEOUS
152. The applicant shall install all public facilities in accordance with the Village Six Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City. The City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision. The
applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management Ordinance) as may be amended from time to time by the City.
Said Chapter includes but is not limited to Threshold Standards (19.09.040) Public
Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(19~09.100). (Engineering)
153. The Applicant agrees that the maintenance and demolition of all interim facilities (public
facilities, utilities and improvements) is the Applicant's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the
City Engineer. (Engineering)
154. Within thirty (30) days of the City Council approval of these map conditions, or prior to
the submittal of the first map for the project, whichever occurs earlier, the Developer
shall submit a digital drawing file of the tentative map in its approved form. The drawing
projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The
digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or
ArcView (GIS) format and shall contain the following individual layers:
a. Tentative Map Limits (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The digital drawing file shall be submitted in accordance with the City Guidelines for
Digital Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as
othexwise approved by the City Engineer. (Engineering)
155. Submit copies of all subsequent tentative maps, final maps, grading and improvement
plans in a digital format. The drawing projection shall be in California State Plane
Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map
sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall
contain the following individual layers:
a Tentative and/or Final Map Boundaries (closed polygons)
b. Lot Lines (closed polygons)
c. Street Centerlines (polylines)
d. Easements (polylines)
e. Street Names (annotation)
f. Lot Numbers (annotation)
The tentative map, final map, grading plan and improvement plan digital files shall also
conform to the City of Chula Vista Subdivision Manual requirements therefore. The
digital drawing files shall be submitted in accordance with the City Guidelines for Digital
Submittal on 3 ½" disks or CD, as an e-mail attachment to the City Engineer or as
otherwise approved by the City Engineer. (Engineering)
156. Tie the boundary of the subdivision to the Califomia State Plane Coordinate System
(NAD 83, Zone 6). (Engineering)
157. 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 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 discretionary applications (SPA's and tentative maps), projected construction
dates, corresponding public facility needs per the adopted threshold standards, and
identifying financing options for necessary facilities. (Engineering)
158. 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. (Planning and Building)
159. If developer desires to do certain work on the property after approval of the tentative map
but prior to recordation of the applicable final "B" Map, they may do so by obtaining the
required approvals and permits from the City. The permits can be approved or denied by
the City in accordance with the City's Municipal Code, regulations and policies. Said
permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and
improvement plans) will be approved. All work performed by the developer prior to
approval of the applicable "B" Map shall be at the developers own risk. Prior to permit
issuance, the developer shall acknowledge in writing that subsequent submittals (i.e.,
final "B" Map and improvement plans) may require extensive changes, at developers
cost, to work done under such early permit. Prior to the issuance of a permit, the
developer shall post a bond or other security acceptable to the City in an amount
determined by the City to guarantee the rehabilitation of the land if the applicable final
"B" Map does not record. (Engineering)
PHASING
160. Phasing approved with the SPA Plan may be amended subject to approval by thc Director
of Planning and Building and the City Engineer. The PFFP shall be revised where
necessary to reflect the revised phasing plan. (Planning and Building, Engineering)
161. If phasing is proposed within an individual map or through multiple final maps, the
developer shall submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any final map.
Improvements, facilities and dedications to be provided with each phase or trait of
development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the fight to require said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the requirements of
police and fire departments. The City Engineer and Director of Planning and Building
may, at their discretion, modify the sequence of improvement construction should
conditions change to warrant such a revision. The developer agrees that the City
Engineer may change the timing of construction of the public facilities. (Engineering)
162. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and
tentative maps with improvements installed by Applicant 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 Six SPA, actual development may differ from the assumptions contained in the
PFFP. Neither the PFFP nor any other Village Six SPA Plan document grant the
Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Six
SPA's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development pattems
and updated forecasts in reliance on changing entitlements and market conditions, shall
govern Village Six SPA development patterns and the facility improvement requirements
to serve such development. In addition, the sequence in which improvements are
constructed shall correspond to any transportation phasing plan or amendment to the
Growth Management Program and Ordinance adopted by the City. The City Engineer
and Director of Planning and Building may, at their discretion, modify the sequence,
schedule, alignment and design of improvement construction should conditions change to
warrant such a revision. (Engineering)
163. Unless access, drainage and utilities are shown on the master Tentative Map to the
satisfaction of the City Engineer and the Director of Planning and Building, prior to
approval of any final map proposing the creation of multi-family housing for the Project,
including Neighborhood R-10 as a condominium project, community apartment project,
or stock cooperative, as defined in the applicable sections of the Government Code,
Developer shall agree to process, and thereaRer process~ a subsequent tentative map for
said proposed condominium, community apartment, or stock cooperative project in said
Planning Area pursuant to Section 66426 of the Subdivision Map Act. (Engineering,
Planning & Building)
CODE REQUIREMENTS
164. The Applicant shall comply with all applicable sections of the Chula Vista 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. Underground all utilities within the subdivision in
accordance with Municipal Code requirements. (Engineering)
165. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Interim SR-125 impact fee.
d. Poggi Canyon Sewer Basin DIF.
Pay the amount of said fees in effect at the time of issuance of building permits.
(Engineering)
166. Comply with all relevant Federal, State, and Local regulations, including the Clean Water
Act. The developer shall be responsible for providing all required testing and
documentation to demonstrate said compliance as required by the City Engineer.
(Engineering)
167. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Mtmicipal Code Section 5.46.020 regarding projected taxes and assessments.
Submit the disclosure form for approval by the City Engineer prior to Final Map
approval. (Engineering)
168. 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). (Engineering)
169. Applicant shall provide on the Final Map and related plans east-west connections along
Park View Way (Street 'T') between Trail Wood Drive and Heather Wood Drive on the
north and south sides of Lot OS-21 with 20' wide, one-way drives. Traffic signs shall be
installed that direct traffic in a counter clock-wise direction around Lot OS-21 and
prohibiting parking along the 20' drives. The streets shall be constructed and all work
shall be done to the satisfaction of the City Engineer. (Engineering, Planning)
170. The access ramp from Birch Road to CPF-2 shall serve only development on site CPF-2
unless a private high school is approved for the R-11/S-2 site, in which event the private
high school shall be provided access rights to usc the access ramp as its primary point of
entry. In the event R-11/S-2 is developed under the residential alternative as described in
the Village Six SPA Plan, no access shall be permitted to Bimh Road fi.om R-11.
(Engineering, Planning, Building and Park Construction)
171. Applicant shall take all necessary steps to ensure that the CPF-2 and R-11/S-2 sites and
any adjoining open space lots have adequate erosion and dust control measures, such as
hydroseed, all to the satisfaction of the City Engineer. Applicant shall thereafter maintain
the measures until such time as the sites are developed. If the work cannot be completed
prior to expiration of the grading permit, the Applicant may request an extension, which
may be granted at the discretion of the City Engineer. Such a request shall be submitted
for approval in writing to the City Engineer sufficiently in advance of the end of the
expiration date to allow processing of the extension request. Applicant shall remain in
compliance with NPDES. (Engineering, Planning, Building and Park Construction)
172. Street parkways within the Project shall he maintained by an entity such as a Master
Home Owner's Association (MHOA) or a Community Facilities District (CFD); private
home owners shall not maintain the parkways. Street parkways shall be designated as
recycled water use areas, if approved by the Otay Water District and San Diego County
Health.
173. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin
an wall constructed by a different developer, a transition wall plan shall be submitted to
the City and is subject to the approval of the Director of Planning and Building.
Applicant shall work together with other developers of Village Six to the satisfaction of
the Director of Planning and Building in order to construct transitions between adjoining
walls.
END OF CONDITIONS
H:\PLANNING\Otay_Ranch\Village _6~V6_T M_St u fl~M cMil lin 's_TM~V6_McM_TM_ CC_ RESO.doc