HomeMy WebLinkAboutPlanning Comm Rpts./2002/03/13
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m
Wednesday, March 13, 2002
Council Chambers
276 Fourth Avenue, Chula Vista
CALL TO ORDER
ROLL CAWMOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commission's jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1. RESOLUTION: Overturning Zoning Administrator decision to deny PCC 02-21 for a
weekend pet adoption facility at 875 East H Street.. Applicant: STOP
2. PUBLIC HEARING: PCC 02-43; Conditional Use Permit and Precise Plan PCC 74-27
to add 12,900 square feet to existing building and to relocate
and enlarge (from 6,000 to 12,000 gallons) an existing
underground fuel storage tank. Applicant: Pacific Bell
Project Manager: Kim Vander Bie, Associate Planner
3. PUBLIC HEARING: PCM 02-20; Consideration of Amendments to the Village Six
SPA Plan to adjust boundary between Neighborhood R-7a and
R-7b, Red-designate Neighborhood R-7a from SF-4 to RM-2 and
re-allocate 47 dwelling units from Neighborhood R-Oa to
Neighborhoods R-7a and R-7b.
PCS 02-05; Consideration of a Tentative Subdivision Map
creating 12,392 single-family and multi-family dwelling units on
201.1 acres of Village Six of Otay Ranch. Applicant: Otay
Ranch Company
Project Manager: Martin Miller, Associate Planner
Planning Commission
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March 13, 2002
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance
for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at
585-5647. California Relay Service is also available for the hearing impaired.
RESOLUTION NO. PCC-02-21
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION GRANTING AN APPEAL OVERTURNING THE DECISION
OF THE ZONING ADMINISTRATOR DENING A CONDITIONAL USE
PERMIT FOR A WEEKEND PET ADOPTION FACILITY IN THE
PARKING LOT AT 875 EAST H STREET.
WHEREAS, a duly verified application for a conditional use permit was filed with the City
of Chula Vista Planning Department on October 24, 2001 by Judy Ray ("Applicant"); and,
WHEREAS, the request is categorically exempt, per Section 15305, Class 5(f), minor
conditional use permits which do not result in any significant change in land use or intensity, in
accordance with the California Environmental Quality Act (CEQA); and,
WHEREAS, the Zoning Administrator determined that the request was not consistent with
Sections 19.32.080, 19.34.080, 19.36.070, 19.38.110, and 19.40.120 of the City of Chula Vista
Municipal Code that generally require all uses to be conducted within a completely enclosed
building; and,
WHEREAS, the Zoning Administrator determined that the proposed use is not a permitted
or conditional use outlined in Section IX-B. I Permitted and Conditional Uses, Rancho Del Rey SPA
I; and,
WHEREAS, on January 11,2002, the Zoning Administrator denied the conditional use
permit based on the following findings:
I. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
Ifthe proposed use (pet adoption facility) were in a completely enclosed building, the use at
this location could provide a necessary or desirable service that could contribute to the
general well being of the neighborhood or the community. The two tents proposed for the
facility do not qualify as completely enclosed buildings.
2. That such use will not under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
1
The development would be subject to meeting all health, safety and general welfare
standards and regulations set forth by the City of Chula Vista, as well as the State Humane
Handbook and the California Penal Code in regards to retail sale of dogs and cats. The
project is proposed in an area that was designed for parked cars, not for an outdoor pet
adoption facility.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
The Zoning Ordinance specifies that in certain commercial zones, "All uses... shall be
conducted wholly within a completely enclosed building...." The two tents proposed for the
facility do not qualify as enclosed buildings.
4. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The commercial use proposed is in compliance with the General Plan land use designation of
Retail Commercial. However, it is not a permitted or conditional use in the Rancho del Rey
Commercial Center, according to Section IX-B. I ofthe Rancho del Rey SPA I.
WHEREAS, a duly verified Appeal Form was submitted to the Planning and Building
Department of the City of Chula Vista on January 18, 2002 by Judy Ray; and,
WHEREAS, said appeal form requested that a variance be granted to allow a weekend pet
adoption facility within two tents in the Kmart parking lot at 875 East H Street; and,
WHEREAS, the Planning and Building Director set the time and place for a hearing on said
appeal, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and residents within
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely February 27,
2002 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission,
and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to this application and continued it to March 13,2002;
and,
WHEREAS, the Planning Commission received extensive public testimony which provided
additional facts upon which to bas their decision.
2
NOW, THEREFORE, be it resolved that the Planning Commission does hereby find,
determine, resolve, and order that the decision of the Zoning Administrator be overturned and the
appeal granted upon the following:
I. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposed use (pet adoption facility) at this location will provide a necessary or desirable
service that will contribute to the general well being of the neighborhood or the community
because it will provide an opportunity for shoppers and residents in the vicinity to rescue an
orphaned pet.
2. That such use will not under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The pet adoption facility would be subject to meeting all health, safety and general welfare
standards and regulations set forth by the City of Chula Vista, as well as the State Humane
Handbook and the California Penal Code in regards to retail sale of dogs and cats. Animals
that are not adopted during hours of operation will not be kept on the premises, and animal
cages will be cleaned at closing each day. The use of approximately fifteen parking spaces
for the tents would not jeopardize available parking for customers of the shopping center.
The property owner consents to the proposed use.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
Section 19.36.070 of the Chula Vista Municipal Code (CVMC) specifies that all uses (with
exceptions noted) shall be within completely enclosed buildings, unless the Planning
Commission determines otherwise, and permanent outside sales and display shall be subject
to the provisions ofCVMC 19.58.370A. At the public hearing, the Planning Commission
heard evidence and found that pet adoption services provided within an enclosed tent was
substantially similar to the tent sales of plants and flowers. Therefore, the pet adoption
facility is in compliance with 19.58.3 70A.1.e. (flowers, including artificial) and g. (plants),
as the Planning Commission determined that a pet adoption facility is considered to be
similar to an outdoor nursery sale.
4. That the granting ofthis Conditional Use Permit will not adversely affect the General
Plan ofthe City or the adopted plan of any government agency.
The commercial use proposed is in compliance with the General Plan land use designation of
Retail Commercial. It is also in compliance with the Rancho del Rey SPA I. Section IX-
3
B.1.A.20 of the SPA allows, with a conditional use permit, "plant nurseries and similar
outdoor sales." At the public hearing the Planning Commission heard evidence and found
that pet adoption services provided within an enclosed tent was substantially similar to the
tent sales of plants and flowers.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Conditional Use Permit PCC-02-21 to Save the Orphaned Pets (S.T.O.P.), 875 East H Street,
subject to the conditions set forth below:
I. The pet adoption facility shall be enclosed in permanently secured white tents (with roofs
and four sides, and measuring no more than a total of 1,600 square feet), in the parking
spaces along the northwestern edge of the Kmart parking lot.
2. The facility shall be limited to operating between the hours of 11 :00 a.m. and 4:00 p.m. on
Saturdays, Sundays, and up to six holidays per year.
3. Pets shall not be housed in the facility during non-business hours.
4. Pet cages may remain in the tents during non-business hours. However, cages shall be
cleaned of all animal waste, and waste shall be carried off site after each day of operation.
5. The facility shall comply with all regulations of the State Humane Handbook and the
California Penal Code in regards to retail sale of dogs and cats
6. A sign permit will be required for any permanent signage. Temporary signage, as shown
on approved site plan, may only be erected during hours of operation.
7. The tents shall comply with all building code regulations.
8. A fire permit is required for the tents, which shall be inspected by the Chula Vista Fire
Department. Plans indicating exits and fire extinguishers shall be submitted to the Fire
Department for review.
9. This permit shall be subject to any and all new, modified or deleted conditions imposed after
approval of this permit to advance a legitimate governmental interest related to health, safety
or welfare which the City shall impose after advance written notice to the Permittee and after
the City has given to the Permittee the right to be heard with regard thereto. However, the
City, in exercising this reserved right/condition, may not impose a substantial expense or
deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover.
10. This permit shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure
4
to comply with any conditions of approval shall cause this permit to be reviewed by the City
for additional conditions or revocation.
II. Any deviation from the above noted conditions of approval shall require the approval of a
modified conditional use permit.
12. Execute this document by making a true copy of this letter of conditional approval and
signing both this original letter and the copy on the lines provided below, said execution
indicating that the property owner and applicant have each read, understood and agreed to the
conditions contained herein, and will implement same. Upon execution, the true copy with
original signatures shall be returned to the Planning Department. Failure to return the signed
true copy of this docwnent shall indicate the property owner/applicant's desire that the
project, and the corresponding application for building permits and/or a business license, be
held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative
Date
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 13th day of March, 2002, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Kevin O'Neill, Chairperson
ATTEST:
Diana Vargas, Secretary
5
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 03/13/02
ITEM TITLE:
Public Hearing: PCM-02-20; Consideration of Amendments to
the Village Six SPA Plan to Adjust the Boundary between
Neighborhoods R-7a and R-7b, Re-designate Neighborhood R-7a
from SF-4 to RM-2 and Reallocate 47 Dwelling Units from
Neighborhood R-9a to Neighborhoods R-7a and R-7b.
PCS 02-05; Consideration of a Tentative Subdivision Map creating
1,392 single-family and multi-family dwelling units on 201.1 acres
of Village Six of Otay Ranch.
Applicant: Otay Ranch Company
Otay Ranch Company (aRC) has applied to amend the Village Six SPA Plan to re-designate
Neighborhood R-7a from Single-family SF-4 to Residential Multi-family RM-2, and to
reallocate 47 dwelling units from Neighborhood R-9a to Neighborhoods R-7a and 7b. The
overall number of dwelling units in the Village Six SPA area will remain the same.
Otay Ranch Company has also applied for a tentative subdivision map to subdivide
approximately 201.1 acres of Village Six in the Otay Ranch. The tentative map will subdivide
ORe's portion of Village Six into 309 single-family lots, 702 lots containing 1,083 multi-family
units, 7.7 acres of a public elementary school site, a 2.9 acre mixed use site in the Village Core, a
park site, a 4.4 acre Community Purpose Facility (CPF) site and 2.3 acres of Common Usable
Open Space.
The City's Environmental Review Coordinator has determined that any impacts associated with
the proposed Projects have been previously identified in the Village Six SPA EIR 98-01;
therefore, an addendum to the Village Six SPA EIR 98-01 has been prepared in accordance with
the California Environmental Quality Act.
RECOMMENDATION:
That the Planning Commission:
1. Adopt attached Resolution No. PCM-02-20 recommending that the City Council
approve the Village Six SPA Plan Amendment to adjust the boundary between
Neighborhoods R-7a and R-7b, re-designate Neighborhood R-7a from Single-family
SF-4 to Residential Multi-family RM-2, and to reallocate 47 dwelling units from
Neighborhood R-9a to Neighborhoods R-7a and 7b; and,
Page No.1 ofl4
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Item:
Meeting Date: 03/13/02
2. Adopt attached Resolution No. PCS-02-05 recommending that the City Council
approve Tentative Subdivision Map C.V.T. 02-05 in accordance with the fmdings and
subject to the conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
a. Existing Site Characteristics
Village Six, located at the north-central section of the Otay Valley Parcel of the Otay Ranch,
consists of 386.4 acres of gently rolling hills. ORC owns approximately 201 acres which
represents approximately 52% of Village Six. All of Village Six is currently vacant and is used
for grazing and dry farming.
Otay Ranch Villages One and Five are located directly to the north and northwest of the Project
across Olympic Parkway. Future Village Two is located on the western boundary of the Project
separated from Village Six by the southern extension of La Media Road. To the south of the
Project is Village Seven while to the east, across proposed SR-125, is the Freeway Commercial
area of Planning Area 12.
b. General Plan/General Development Plan. Zoning and Land Use
General Plan/General Development Plan
The General Plan/General Development Plan (GDP) designates residential land uses in Village
Six as Low-Medium Village (LMV) at 3-6 dwelling units per acre, Medium-High at 11-18
dwelling units per acre and a Mixed Use (MU) land use. Other land uses for parks and
recreation, an elementary school, a mixed-use village core and open space are also listed; all are
consistent with the land use designations for the Otay Ranch GDP. The changes proposed as
part of the Village Six SPA Amendment and the attributes of the Tentative Subdivision Map
conform to and implement both the General Plan and the Otay Ranch General Development
Plan.
The General Plan and Otay Ranch General Development Plan outline the number of single- and
multi-family dwelling units for each village and generalized design guidelines. The proposed
amendments to the Village Six SPA Plan, including the overall number of dwelling units and the
change in land use designation to Neighborhood R-7a, continue to fall within the scope specified
in the General Plan and the GDP. The Tentative Map further refines the SPA Plan and
implements the General Plan and GDP.
Page No.2 of 14
~
Item:
Meeting Date: 03/13/02
Zoning and Land Use
The Otay Ranch project, within the City, is zoned Planned Community (PC) as are the other
master planned communities such as Sunbow and EastLake. Land development regulations are
contained in the Planned Community (PC) District Regulations within each master planned
community SPA plan. The Village Six PC District Regulations establish separate zoning districts
for the village land uses as described in Section 11.3.1.4 of the PC District Regulations, which is
shown in Table A below:
TABLE A: VILLAGE SIX SPA LAND USE DISTRICTS DEFINITIONS
SYMBOL GENERAL DESCRIPTION
SF3 Single-Family Three: District which permits single-family housing located on lots
>5,000 square feet.
SF4 Single-Family Four: District which permits single-family housing located on lots
<5,000 square feet.
RMl Residential Multi-Family One: District which permits housing ranging from 8
unitstacre up to 14.9 unitstacre including small lot single-family, alley, duplex,
townhouse and stacked flats Dfoduct tVDes.
RM2 Residential Multi-Family Two: District which permits housing at densities from
15+ units/acre.
CPF Community Purpose Facility: District which permits uses established pursuant to
the Community Purpose Facilities requirements of the P-C Planned Community
Zone.
MU Mixed Use: District which permits commercial uses such as, but not limited to,
retail shops, professional offices and service commercial within a village core.
Transfer of residential uses into this district may be permitted above or connected
to the commercial uses.
OSIPI Open SpacelPark One: District which permits developed or usable open space and
park uses, and mav include naturalized ODen SDace.
Table A is the key to the following Land Use Districts map. The unshaded areas show the
portion of Village Six that are included on ORC's Village Six SPA Plan Amendment
(Neighborhoods R-7a and R-7b), PCM-02-20, and Tentative Subdivision Map, PCS-02-05:
Page No.3 of 14
..3
Land
Un
District
Gllneral DescrlPbon
Item:
Meeting Date: 03/13/02
Land Use Districts
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Exhibit PC-1
PC DISTRICT REGULATIONS
IU-6
1. Q5'" i'lV."T of 14
?j
Item:
Meeting Date: 03/13/02
As part of Village Six, the Chula Vista Elementary School District will build an elementary
school on a 10.0 net acre site owned by both the Otay Ranch Company and McMillin that is in
the center of Village Six on a piece of land that is designated RM-l.
c. Village Six SPA Plan Amendment
The proposed amendments to the Village Six SPA Plan by aRC fall within the guidelines of the
land use districts currently contained in the Village Six Planned Community District
Regulations. The proposal is for a slight realignment of the property line between
Neighborhoods R-7a and R-7b, a re-designation of the land use district for Neighborhood R-7a
from SF-4 to RM-2 and a shifting of 47 dwelling units from Neighborhood R-9b to both R-7a
and R-7b.
The two main issues related to the Village Six SPA Plan Amendment are the overall number of
dwelling units, and the land use designation. Within aRC's ownership the SPA Plan provides
for 1,392 dwelling units (401 single-family and 968 multi-family). The overall number of
dwelling units remains unchanged with the amendment, but the number of units in Neighborhood
R-9b will be reduced by 47 units while Neighborhood R-7a will increase by 23 units and
Neighborhood R-7b by 24 units. The land use designation for Neighborhood R-7a is proposed to
change from SF-4 (Single-Family Four) to RM-2 (Residential Multi-Family Two), consistent
with Neighborhood R-7b. The boundary between Neighborhoods R-7a and R-7b are also being
adjusted to account for the increase in the number of dwelling units in these two neighborhoods.
This change is consistent with the Otay Ranch General Development Plan (GDP) because the
overall number of dwelling units on aRC-owned land, as well as Village Six as a whole, is
within the number allowed by the GDP.
Table B shows the changes proposed by aRC to the Village Six SPA Plan (modified
Neighborhoods shown in bold) for the residential neighborhoods only:
TABLE B: COMPARSION OF PROPOSED AND ADOPTED SPA PLANS (Residential Only)
ORC Proposed Village Six Site Adopted Village Six Site Utilization
Utilization Plan (ORC Ownership Plan (ORC Ownership Only) Differences
Parcel Land Use Acres dulac DU Land Use Acres dulac DU Acres DU Parcel
R-2a Single Family 19.7 4.4 87 Single Family 19.7 4.4 87 0.0 0.0 R-2a
R-2b Single Family 21.3 5.4 115 Single Family 21.3 5.4 115 0.0 0.0 R-2b
R-5 Single Family 16.6 6.7 111 Single Family 16.6 6.7 111 0.0 0.0 R-5
R-7a Multi-family 7.0 15.9 111 Single Family 12.9 6.8 88 -5.9 23.0 R-7a
R-7b Multi-family 10.8 17.5 189 Multi-family 5.8 28.4 165 5.0 24.0 R-7b
R-B Multi-family 11.7 28.8 337 Multi-family 11.7 28.8 337 0.0 0.0 R-B
R-9a Multi-family 21.8 7.5 163 Multi-family 21.8 7.5 163 0.0 0.0 R-9a
R-9b Multi-family 12.7 22.0 279 Multi-family 12.7 25.7 326 0.0 -47.0 R-9b
I"roposea Aaoptea :SPA
SPA Total 121.6 11.4 1,392 Total 122.5 11.4 1,392 -0.9 0.0
Page No.5 of 14 .s-
Item:
Meeting Date: 03/13/02
The -0.9 acre difference in the acres results from more refined information such as surveys. This
does not change the overall character of Village Six.
d. Proposed Tentative Map
The Tentative Map will subdivide aRC's portion of Village Six into 309 single-family lots on
70.5 acres, 1,083 multi-family units on 702 lots on 32.9 acres, 7.7 acres of a lO.O-acre
elementary school site (the remainder is currently owned by the McMillin Company), a 2.9 acre
mixed use site in the Village Core, a 7.5 gross (7.0 net) acre park site, a 4.4 acre Community
Purpose Facility (CPF) site, 2.3 acres of Common Usable Open Space and approximately 32.9
acres of recreational trails, open space and other amenities authorized by the Village Six
Sectional Planning Area (SPA) Plan. The tentative map also includes a 35.9-acre potential
borrowtimport site. The Otay Ranch General Development Plan allows 2,232 units in Village
Six for all ownerships. The McMillin Company and the Catholic Diocese own the remaining
portion of Village Six and have processed a tentative subdivision map under separate application
for their ownership as PCS-02-03 which was approved by Council on February 26, 2002.
Village Six is one of the least constrained villages in the Otay Ranch. The are no easements or
sensitive habitat areas in or crossing Village Six, however, ownership boundaries have caused
some difficulty in ensuring that Village Six is treated as a single community rather than the
individual ownership areas. Staff's review of the tentative map related to design, circulation,
locations of pathways and interface between boundary walls, among other issues to ensure
consistency between the three ownerships. Mobility, urban design, pedestrian orientation,
landform grading and maintenance responsibility in Village Six are issues that received the most
attention. As related to aRC's Tentative Map, the primary issues deal with the proposed
guarded entrance between Neighborhood R-8 and CPF-l on Park View Way and a gate between
Neighborhood R-9b and CPF-l on Magdalena Avenue, and entrances and secondary access to
Neighborhoods R-7a, R-7b, R-8 and R-9b.
Land Use
On their Tentative Map aRC proposes four single-family and four multi-family residential
neighborhoods of varying products and densities. Neighborhoods R-2a, R-2b and R-5 are
proposed to be detached single-family products, with R-9b proposed as an alley product.
Neighborhoods R-7a, R-7b, R-8 and R-9b are proposed to be a multi-family apartment and
townhouse developments. The SPA Plan's Site Utilization Plan lists Neighborhood R-9a in the
multi-family category because of its density, not because it's product type is multi-family.
Neighborhood R-9a is proposed to be an alley product.
By way of comparison, the Tentative Map statistics are compared to the SPA Plan in each of the
neighborhoods under aRC's ownership as shown in Table C below:
Page No.6 of 14 b
Item:
Meeting Date: 03/13/02
TABLE C: TM & SPA PLAN COMPARISON
NEIGHBORHOOD LAND USE TMGROSS SPA GROSS SPAffM TM SPA A VG. LOT PAD
AREA ACREAGE ACREAGE DU'S DU'S/AC DU'S/AC SO.Fr. SIZE
Residentia[ Lsnd Uses
R-2a SF [3.6 [9.7 87 6.4 4.4 6 [84 5356
R-2b SF 13.8 21.3 115 8.3 5.4 5499 4818
R-5 SF 10.7 16.6 III 10.4 6.7 4122 3757
R-7a MF 7.0 7.0 III 15.9 15.9 N/A N/A
R-7b MF 10.8 10.8 189 17.5 17.5 N/A N/A
R-8 MF 10.7 11.7 337 31.5 28.8 N/A N/A
R-9a MF 13.2 21.8 163 12.3 7.5 2955 2935
R-9b MF 13.2 12.7 279 21.1 22.0 N/A N/A
TOTAL RES. 93.0 121.6 1392 15.0 11.4
Other Land Uses
CPF-I CPF 6.7 6.0 N/A N/A
MU-I MIXED-USE 2.9 3.0 N/A N/A
S-I IElern. Schoot, PUB B.S. 7.7 10.0 N/A N/A
P-I Park 7.5 7.6 N/A N/A
Onen Snace OS 32.9 21.1 N/A N/A
Circulation Circ 68.3 68.3 N/A N/A
Borrow Site N/A 35.9 N/A N/A N/A
TOTAL {nart' Villa'e 6 254.9 237.6 IlQ2 N/A
Otay Ranch Company's proposed Site Utilization Plan follows:
Page No.7 of 14
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Land Use- Summary Tablo
RESIDENTIAL
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Item:
Meeting Date: 03/13/02
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Page No.8 of 14
<Z
Item:
Meeting Date: 03/13/02
Circulation
Vehicular traffic, while important for the circulation in all Otay Ranch villages, is considered
secondary in importance to pedestrian traffic in the village core. Streets are designed to be
narrower to reduce vehicle speeds and are in a grid pattern that is conducive to pedestrian
circulation. The use of dead-end cul-de-sacs is discouraged but allowed in small numbers
because of the topography. Design speed within Village Six is 25-miles per hour, depending on
the type of street.
Access to Village Six is provided from three Village Entry Streets: East Palomar Street, which
serves as the main entry point from Olympic Parkway, Santa Venetia Street (Street "]" on the
SPA Plan) from La Media Road and Magdalena Avenue (Street "R" on the SPA Plan) from
Birch Road. Access to SR-125 is provided from the future Olympic Parkway and Birch Road
interchanges.
The Village Six SPA Plan has four street types: arterial, village entry, promenade and residential,
described as follows:
. Arterial Highways: There are two types of arterials: Olympic Parkway and La Media
Road are Prime ArterialslRanch Theme Streets, while Birch Road is a Six-Lane Major
Street. These six-lane roads are designed to carry heavier loads of traffic outside the
Village and connect Village Six to the rest of the City.
. Village Entry Streets: The Secondary Village Entry Streets are approximately the first
500 to 600 feet of Santa Venetia Street off La Media and Magdalena Avenue off Birch
Road. At their intersections with La Media Road and Birch Road, respectively, they are
both 106-foot right-of-way (ROW) widths with l2-foot wide medians and 29-foot to 39-
foot curb-to-curb street sections with two travel lanes, turn pockets and no parking.
. Promenade Streets: There are three types of Promenade Streets: Village Promenade,
Residential Promenade and Core Promenade. Both Santa Venetia Street and Magdalena
Avenue eventually narrow to Village Promenade Streets with 68 foot ROW. View
Parkway and Well Brook Place are Residential Promenade Streets with 59 foot ROW.
These streets are 32 feet curb-to-curb with two 12- foot travel lanes and an 8-foot
parking lane on one side of the street.
. Residential Streets: Neighborhoods are served by two types of streets: Residential Streets
and the Alleys. Residential Streets have a 58-foot ROW with 32-foot curb-to-curb
section, two lO-foot travel lanes with parking on both sides of the street. Alleys are 20
feet wide with no parking. Only Neighborhood R-6 is served by alleys, which will be
publicly maintained.
With the exception of alleys and cul-de-sacs, all streets within Village Six have 8-foot parkways,
as measured from front-of-curb to front-of-sidewalk. This allows a 7.5-foot clear planting area
Page No.9 of 14 9
Item:
Meeting Date: 03/13/02
for parkway trees and a larger choice of tree types to be planted in the parkways. Due to the
relatively light traffic loads on Village Six streets and the fact that it is a transit-oriented village,
it is not anticipated that the parkways will ever be used to widen any of the streets in Village Six
to allow higher vehicular traffic loads.
Off-site arterial street improvements are necessary to provide adequate transportation facilities
for the Project as well as other surrounding planned communities and to maintain compliance
with the Transportation threshold standards prescribed in the City's Growth Management
Program. The same threshold that have been established for other master planned communities
are also required for the Village Six. The conditions of approval contain the same limit on the
issuance of building permits as the other master planned communities until additional traffic
capacity has been provided with the construction of SR -125.
Grading
The grading indicated on aRC's tentative map is designed to comply with the General Plan and
Otay Ranch GDP policies for landform grading. The slopes facing Olympic Parkway meet the
criteria, as do the slopes along La Media. The grading of the Otay Ranch Company's ownership
has been coordinated with the approved tentative map for the McMillin Company.
Parks, Trails and Open Space
aRC's tentative map makes provision for the "Village Pathway", a 15-foot wide hardscape
pathway, that will connect Village Six to Village Five to the north, Village Two to the west and
Village Seven to the south. (SR-125 precludes extending the Village Pathway from Village Six
to the Freeway Commercial area to the east.) The Village Pathway, which allows for pedestrian,
bicycle and electric cart travel, eventually connects most village cores in the Otay Ranch. South
of the Village Core, the Village Pathway is ten feet wide along Santa Venetia Street and
Magdalena Avenue. The 5-foot difference in width will be landscaped so the pathway can be
widened to the full 15' paved width in the future if needed.
Regional Trails, which are 8 to 10 feet wide, parallel Village Six along Olympic Parkway and La
Media, but on the opposite sides of the streets. A pedestrian bridge is located at the northern
edge of Village Six on the west side of East Palomar Street where it crosses Olympic Parkway.
Another pedestrian bridge is located at the western edge of Village Six on the north side of Santa
Venetia in McMillin's ownership, which connects the Village Pathway to Village Two.
The Village Six Project contains a variety of open space areas to promote the overall open space
element of Otay Ranch. A 75-foot average open space corridor surrounds Village Six along all
the major arterials and SR-125.
Two Common Usable Open Space (CUOS) sites are being provided in aRC's ownership. One,
R-2x, is 0.8 acre in size and will serve Neighborhoods R-2a and R-2b. The second one, CPF-2x,
Page No. 10 of 14 /t'J
Item:
Meeting Date: 03/13/02
is located adjacent to the CPF-I parcel and IS about 1.5 acres in size. It will serve
Neighborhoods R-5, R-8, R-9a and R-9b.
Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village Six
Project will convey land to the Otay Ranch Preserve. The development of one acre of land in
Otay Ranch requires a conveyance of 1.188 acres of land to the Otay Ranch Preserve with the
approval of each final subdivision map. Pursuant to the requirements, ORC's portion of the
Village Six obligation is approximately 302 acres of land to be dedicated to the Otay Ranch
Preserve. Village Six is part of the Preserve Maintenance District.
Community Purpose Facility
The Community Purpose Facility (CPF) requirement for ORC's portion of Village Six is 5.8
acres. This acreage is based on the required ratio of 1.39 acres per 1,000 population.
The tentative map for ORC's portion of Village Six will fulfill the CPF obligation as required in
the SPA Plan by providing one CPF site - a 4.4-acre facility (CPF-l) adjacent to the Village Six
Core. The additional acreage will be made up with the two Common Usable Open Space areas
described earlier which are 1.5 acres and 0.8 acre in size. The total CPF acreage is 6.7 acres.
Village Six Core Master Precise Plan
Prior to consideration of any of the neighborhoods in the Village Core, Otay Ranch Company
will be submitting a Village Six Core Master Precise Plan which will be more specific than the
adopted Village Six Design Plan insofar as it will list design details and criteria for the core
neighborhoods. The Core Master Precise Plan must be adopted by the Design Review
Committee.
d. Analvsis
City staff and the Otay Ranch Company have worked closely in order to resolve the vast
majority of issues related to the proposed Village Six SPA Amendment and Tentative Map. The
only remaining area of disagreement is over the proposed usage of gated and guarded entrances
into their northeasterly portion of Village Six.
Village Six SPA Plan Amendment
The proposed Village Six SPA Amendment is consistent with and implements the approved Otay
Ranch General Development Plan (as amended) and the Village Six SPA Plan. Some changes
are still needed in the other supporting SPA Plan documents such as the Village Design Plan, but
these changes are more "clean-up" in nature. The real substance is contained within the Land
Use District Map and the Site Utilization Plan. In addition, both Neighborhoods R-7a and R-7b
will be within the Village Core, whereas before only R-7b was in the Core. ORC has a higher
Page No. 11 of 14 / /
Item:
Meeting Date: 03/13/02
density townhouse/single-family condominium proposal they wish to pursue on Neighborhood
R-7.
At this time, no dwelling units are allocated to the Mixed Use area in the Village Six Core. If
aRC eventually wishes to include a residential component in the Village Six Core, units would
have to be re-allocated from another neighborhood in order to keep the overall housing unit
count balance.
Tentative Subdivision Map
The proposed tentative map for Otay Ranch Company's portion of Village Six is consistent with
the approved Otay Ranch General Development Plan policies (as amended). As demonstrated in
Table B, the tentative map also implements the Village Six SPA Plan and related documents.
The tentative map has addressed previous City Council concerns regarding vehicular access,
narrower streets and multiple points of access to each neighborhood. Vehicular access has been
improved on the tentative map with a significant reduction in the number of cul-de-sacs and the
provision of a grid system that interconnects the neighborhoods within Village Six.
With the proposed street layout in aRC's portion of Village Six, the circulation pattern is a
"grid-street" pattern consistent with the policies described in the Otay Ranch GDP, and
consistent with the needs of the Fire and Police Departments. The Entry and Promenade streets
in this portion of Village Six provide sufficient vehicular movements to a variety of land uses
within and outside of Village Six including the two school sites, the mixed-use core, multi-
family neighborhood and the Common Usable Open Space site.
Guarded and Gated Entrances
Proposal: The Otay Ranch Company is proposing both a guarded entrance and a gated entrance
on the two Core Promenade Streets north of East Palomar Street. The gated entrance is on
Magdalena Street between CPF-l and the multi-family project in Neighborhood R-9B. The
guarded entrance is proposed on View Park Street between the CPF-l site and the Neighborhood
R-8 multi-family site.
Background: In 1996 the Otay Ranch Company proposed gating the entrances to the
neighborhoods in Villages One and Five. Staff prepared the Gated Communities Policy Paper to
analyze the issue. Generally, the Paper found that gated entrances create a sense of exclusivity
within a community, increased property values, gave residents a false sense of security and
created response problems for emergency vehicles. The Council decided during the SPA One
Plan process to prohibit physical barriers across any road but allow guarded entrances. The
Council further decided that access could only be restricted from dusk to drawn. The public was
to have full access during daylight hours.
In staff's opinion, the guarded entrances constructed in Otay Ranch Company's portion of
Villages One and Five have had mixed results:
Page No. 12 of 14 / ,(
Item:
Meeting Date: 03/13/02
. The entrance at Santa Ynez had sufficient distance for stacking but only allows enough
room for one entrance into the multi-family project on Neighborhood R-20. The Fire
Department no longer accepts emergency-only access and requires two full accesses into
any project of 120 units or more.
. The guarded access on Santa Lucia between Heritage Elementary School and
Neighborhood R-21 has restricted exiting out of the elementary school to right turns only
because of the amount of traffic and the proximity of the entrance into Neighborhood R-
21 which is directly across from the main entrance from the school. The right-turn-only
exit is controlled daily by the guard attendant who places cones in the private street to
direct traffic. This situation, even at present before the multi-family project in R-21 is
open to occupancy, is a bottleneck.
. The guarded entrance at Santa Rita also limited access to the multi-family project in
Neighborhood R-19. The main entrance to this apartment project is beyond the guarded
entrance with a gated secondary entrance to the project before the attendant cottage. This
gated entrance was the only solution for secondary access because of the location of the
guarded entrance. The other guarded entrance at Santa Alicia with an adjacent multi-
family neighborhood has sufficient secondary access from interior streets on two other
sides.
. The Santa Rosa guarded access in Village Five at certain times of the day may create a
bottleneck situation in regards to access to multi-family projects in Neighborhoods R-30a
and R-30b.
. The Santa Paula guarded entrance in Village Five off Otay Lakes Road and the guarded
entrances in Village One West have single-family neighborhoods adjacent and do not
have access problems (see Attachment 6).
Analysis: For several reasons, the Village Six proposal for the gated entrance is not consistent
with the City Council policy decisions made on Otay Ranch Company's Village One and Five.
Based upon experiences with Villages One and Five, it is staffs opinion that the location of the
gated and guarded entrances in this portion of Village Six will create access problems for the
multi-family projects in Neighborhoods R-8 and R-9B. In order to provide sufficient turn around
areas, the guarded entrance is at least 370 feet long as measured from the major cross street. The
frontage of R-8 is approximately 490 feet leaving space for only one entrance off View Park
Street. The secondary entrance to R-8 is proposed between two single-family homes at the north
end of Sutter Buttes Street. The guarded entrance also causes access problems into the CPF-I
site. Staff has found this design to be unacceptable and have proposed a condition that will
eliminate the guarded entrance and require two entrances on View Park Street to Neighborhood
R-8.
The gated entrance does not meet City Council policy set during the 1996 approval on the SPA
One Tentative Maps. The gated entrance will have the same design constraints limiting access to
Neighborhood R-9B on just one driveway on Magdalena Street. The secondary access is
proposed off the alley between R-9A and R-9B. This solution could overburden the alley with
multi-family traffic. The guarded entrance design takes greater frontage so switching the design
from a gated entrance to a guarded will not solve the access design issue.
Page No. 13 of 14 /.J
Item:
Meeting Date: 03/13t02
Recommendation: Due to the design constraints of the guarded entrance and the other issues
raised in the Gated Communities Issue Paper, staff does not recommend approval of either the
gated or guarded entrance. The guarded entrance should be deleted from the tentative map and
two accesses to Neighborhood R-8 off View Park Way provided.
Since the gated entrance does not meet City Council policy and the guarded entrance has the
same design constraints, staff is proposing the gate be eliminated and two accesses to Magdalena
Street be provided to the multi-family project in Neighborhood R-9B.
Attachments
1. Locator Map
2. Village Six SPA Amendment Resolution (PCM-02-20)
3. Draft City Council Resolution No. (SPA Amendment)
4. Draft City Council Ordinance No. (PC District Regulations Amendment)
5. Planning Commission Resolution (pCS-02-05)
6. Draft City Council Resolution No. (Tentative Map)
7. Tentative Subdivision Map (C.V.T. 02-05)
8. Guarded Entries in Villages One and Five
9. Disclosure Statement
H:\PLANNINGIOtay_RanchIViJlage _6IV6_TM_StuftlORC's_TMlORC V6 TM PC AGENDA STATEMENT.doc
Page No. 14 of 14
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
OT A Y RANCH VILLAGE SIX SECTIONAL PLANNING
AREA (SPA) PLAN
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A", attached hereto and described on Chula Vista Tract 02-03 and 02-05, and is
commonly known as Village Six ("Property"); and,
WHEREAS, an application to amend the Village Six Sectional Planning Area (SPA)
Plan ("Project"') was filed with the City of Chula Vista Planning and Building Department on
February 18,2002 by Otay Project, L.P. ("Applicant"); and,
WHEREAS, the application requests to amend the Village Six Sectional Planning Area
(SPA) Plan to Re-designate Neighborhood R-7a from SF-4 to RM-2 and Reallocate 47 Dwelling
Units from Neighborhood R-9a to Neighborhoods R-7a and R-7b; and,
WHEREAS, Village Six is 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 City Clerk set the time and place for a hearing on the Project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, this Project is considered a subsequent action in the program of
development evaluated under the Village Six SPA Plan Final EIR 98-01 (Final EIR 98-01); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and
has detennined 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 the Final EIR 98-0 I. Only minor technical changes
or additions are necessary and none of the conditions requiring preparation of a subsequent or
supplemental EIR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to
Final EIR 98-01 has been prepared in accordance with State CEQA Guidelines Section 15164;
and,
WHEREAS, the amendments to the Otay Ranch Village Six SPA Plan confonn to the
policies found in the Chula Vista General Plan and the Otay Ranch General Development Plan;
and,
/'1
Resolution No.
Page NO.2 of 4
WHEREAS, a public hearing was held at the time and place as advertised, namely 6:00
p.m., March 13. 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said public hearing was thereafter closed; and,
WHEREAS, by a vote of
City Council approve the Project; and,
the Planning Commission recommended that the
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista on the amendments to the Otay Ranch Village Six SPA Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, detennine, 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 March 13, 2002, and the minutes and resolutions resulting there
from, 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.
11. ACTION
The City Council hereby approves Resolution No.
Village Six SPA Plan Site Utilization Plan (Exhibit "B").
amending the Otay Ranch
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the
Addendum to FEIR 98-01, would have no new effects that were not examined in said
Addendum (Guideline 15168 (c)(2)).
IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR
The City Council hereby tinds that: (]) there were no changes in the Project from FEIR
98-01 which would require revisions of said environmental report; (2) no substantial
changes have occurred with respect to the circumstances under which the Project is
undertaken since the previous environmental report; and (3) no new information of
substantial importance to the Project has become available since the issuance and
approval of the prior environmental report; and that, therefore, no new effects could occur
or no new mitigation measures will be required in addition to those already in existence
and made a condition for Project implementation. Therefore, the City Council approves
the Project as an activity that is within the scope of the project covered by the FEIR 98-01
(Guideline l5168(c)(2) and 15l62(a)).
40
Resolution No.
Page No.3 of 4
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the Addendum prepared to Otay Ranch SPA One EIR 98-01,
identified as Exhibit "C" in this resolution reflects the independent judgment of the City
Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA
One ErR 98-01.
VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for this
approval all applicable mitigation measures and alternatives, as set forth in the findings
adopted in the Otay Ranch SPA One FEIR 98-01.
VII. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project
was fully described and analyzed and is within the scope of the Addendum to FEIR 98-
01, which adequately describes and analyzes this project for the purposes of CEQA
(Guideline 15168(e)).
VIII. CONSISTENCY WITH THE GENERAL PLAN
The City Council hereby finds that the proposed Project is consistent with the General
Plan based on the following findings:
A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA
VISTA GENERAL PLAN.
The Project. which is intended to reallocate dwelling units from Neighborhood R-
9b to Neighborhoods R-7a and R-7b is consistent with the Otay Ranch General
Development Plan and Chula Vista General Plan in that goals and policies in both
documents allow for such reallocation, and the overall number of dwelling units is
consistent with the Otay Ranch General Development Plan.
B. THE AMENDMENTS WILL PROMOTE THE ORDERL Y,
SEQUENTIALlZED DEVELOPMENT OF THE VILLAGE FIVE CORE.
The Amendments contain provisions and requirements to ensure the orderly,
phased development of Village Six in that all required and necessary changes
have been condition to be made to the applicable documents to ensure orderly
development.
tf/
Resolution No. Page No.4 of 4
C. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT
ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
At present the portion of Village Six where Neighborhoods R-7a, R-7b and R-9b
exist is not adjacent to any existing land uses. The proposed changes are of the
same scope and impact as the adopted Village Six SPA Plan.
IX. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth m
Exhibit "D", attached hereto.
X. APPROVAL OF AMENDMENTS TO THE OTAY RANCH VILLAGE SIX
SECTIONAL PLANNING AREA (SPA) PLAN
The City Council does hereby approve the Project subject to the conditions set forth in
Section VI and Section IX listed above and based upon the findings and detenninations
on the record for this Project.
XI. CONSEQUENCES OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or they are, by their tenns, 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 the approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
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163
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Exhibit 5
SPA Pl.:;'
.1,/
ExA:~;4 "c. 'I
ADDENDUM
TO THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
OT A Y RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN
EIR-98-01
SCH #2001041033
PROJECT NAME:
PROJECT LOCATION:
PROJECT APPLICANT:
DATE:
Otay Ranch Village Six Sectional Planning Area Plan
City ofChula Vista
Otay Project L.P.
March 7, 2002
L INTRODUCTION
This addendum has been prepared to provide additional infonnation to the Final Second
Tier Environmental Impact Report 98-01 ("FEIR") for the Otay Ranch Vil1age Six
Sectional Planning Area Plan Project ("Project").
As the lead agency for the Project under the California Environmental Quality Act
("CEQA"') (Pub. Resources Code, 9 21000 et scq.), the City of Chula Vista ("City") has
prepared and conducted an environmental analysis of the Project. A Notice of
Preparation was issued on April 5, 2001. A Draft Environmental Impact Report
("DEIR") was publicly circulated on September 28, 2001. After a 45-day public
comment period, the City prepared responses to those comments and included them in the
FEIR. The City Council approved the Project and certified the FEIR on January 22,
2002. The FEIR evaluates the environmental effects of the adoption of the Sectional
Planning Area ("SPA") Plan for Vil1age Six and the amendment of the Otay Ranch
General Development Plan ("GDP"). Specifically, this amendment was for the
rcdesignation of Birch Road to a six-lane major arterial between SR-125 and EastLake
Parkway. The FEIR also included an evaluation of two Conceptual Tentative Maps and
the use of an area as a church and private high school.
A previous addendum was prepared by the City of Chula Vista to address the mass
grading of fill material on the Otay Ranch Company property of the Village Six project
site. This fill material was extracted during drainage and roadway improvements on
Olympic Parkway between SR-125 and the SDG&E easement and mass graded on the
Otay Ranch Company portion of the Village Six project site, raising the site's elevation
approximately 3 to 8 feet. The addendum concluded that the mass grading for the
placement of Illl on the Village Six site did not cause any new or more severe physical
impacts nor did it require any additional mitigation that was not already addressed in the
DElR. Therefore, the analysis and conclusions presented in the FEIR did not change as a
result of the mass grading.
~s-
A modification to the SPA Plan for Otay Ranch Village Six has been proposed which
would pennit the development of multi-family units in Neighborhood 7a. Figure I shows
the proposed tentative map for the Otay Ranch Company property on Village Six. This
addendum has been prepared to provide additional environmental infonnation and
analysis concerning the proposed modification of the SPA Plan.
IT. CEQA REQUIREMENTS
Sections 15162 through 15164 of the CEQA Guidelines discuss a lead agency's
responsibilities in handling new infonnation that was not included in a project's final
environmental impact report ("EIR").
Section 15164 of the CEQA Guidelines provides:
(a) The lead agency or responsible agency shall prepare an addendum to a previously
certified ErR if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for preparation ofa subsequent EIR
have occurred.
Section 15162 of the CEQA Guidelines provides:
(a) When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency
detennines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
I. Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the
previous ElR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects; or
3. New infonnation of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the
time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed
in the [Final] EIR;
(B) Significant effects previously examined will be substantially more
severe than shown in the [Final] ErR;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially reduce
one or more significant effects of the project, but the project
2
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Digital 1M Source: Hunsaker & Associates. March 2002
M:\j"b3\3541 \';i~\yj116 _ sdit 03Cl2.~pr\fi~J (81~p)",,) 031011U2
FIGURE 1
Proposed Tentative Map for the
OtayProject L.P. Portion of Village Six
~1
proponents decline to adopt the mitigation measure or alternative;
or
(b)
(D)
Mitigation measures or alternatives which are considerably different from
those analyzed in the [Final] EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline
to adopt the mitigation measure or alternative.
In the event that one of these conditions would require preparation of a subsequent EIR
but "only minor additions or changes would be necessary to make the [Final] EIR
adequately apply to the project in the changed situation," the lead agency could choose
instead to issue a supplement to the Final EIR. (CEQA Guidelines, ~ 15163, subd. (a).)
Thus, the City must consider under the standards articulated above whether there will be
previously undisclosed significant environmental impacts or a substantial increase in the
severity of previously disclosed impacts. (CEQA Guidelines, 99 15162, 15163, 15164,
subd. (a).)
As the discussion below demonstrates, implementing the Project with the modifications
to the SPA Plan for Village Six would result in no new environmental impacts, or no
more severe impacts, than were disclosed in the FEIR for the Project. Therefore, it is
appropriate for the City to preparc an addcndum pursuant to CEQA Guidelines, 9 15164.
Section 15164 states that an addcndum should include a "brief explanation of the
decision not to prepare a subsequent EIR pursuant to Section 15162" and that the
exp1anation needs to be supported by substantial evidence. (CEQA Guidelines, 9 15164,
subd. (e).) The addendum need not be circulated for public review but may simply be
attached to the Final EIR. (Ibid.; CEQA Guidelines, 9 15164, subd. (c).)
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has
prepared the following Addendum to the Final Second Tier Environmental Impact Report
for the Otay Ranch Village Six SPA Plan.
III. PROJECT SETTING
The Village Six project area is located in the north-central portion of the Otay Valley
Parcel of the Otay Ranch General Development Plan. The Village Six SPA project area
includes approximately 386.4 acres and is bounded by the proposed alignments of
SR-125 on the east, Olympic Parkway on the north, La Media Road on the west, and
Birch Road on the south. The Village Six SPA impact area as addressed in the EIR totals
442.7 acres. This includes 386.4 acres within the project area and 56.3 acres in two
borrow/storage areas. One borrow/storage area is east of the SR-125 alignment at the
northeastern comer of the site and the second is south of Birch Road in the south central
portion of the site.
The property is mostly comprised of fallow fields, with intennittent dirt roads, disturbed
drainages, and a few fences. Recent use of the site includes ranching, grazing, dry
3 AIr;:
famJing, and truck famJing activities. The project site is currently vacant. The land
surrounding the project area is also mostly undeveloped. The northern boundary of the
project site is Olympic Parkway, which is under construction. Just north of the Olympic
Parkway construction, Village Five is also currently under construction.
IV. PROJECT DESCRIPTION
The Otay Project L.P. proposes to amend the Otay Ranch Village Six SPA Plan to
modify the dwelling unit densities within neighborhoods R-7a, 7b,and 9b. These changes
are reflected in Tentative Tract No. 02-05 and include the following:
I. A modification of the zoning of Neighborhood R-7a from SF4 (single family) to
RM2 (multi family) to pemJit the development of multi family homes in
Neighborhood R-7a;
2. A modification of the boundary between Neighborhoods R-7a and R-7b;
3. The transfer of 23 units from Neighborhood R-9b to Neighborhood R-7a; and
4. The transfer of24 units from Neighborhood R-9b to Neighborhood R-7b.
This amendment proposes 941 single family and 1,291 multi family units, reflecting an
88-unit change in the residential mix. The revised land use designations for the Village
Six SPA Plan and neighborhood boundaries between Neighborhoods R-7a and R-7b are
shown in Figure 2.
V . ANALYSIS
The proposed modifications to the Otay Ranch Village Six SPA Plan addressed in this
addendum (and described above) would result in some changes to the Village Six project
that have the potential to result in new or different impacts than that which were
described in the FEIR for the SPA Plan. In all but one case, the changes to the project
would reduce the potential effects that were described in the FErR. None of the proposed
changes to the Village Six SPA plan would result in either a change in significant impacts
or the adopted mitigation measures. A summary of the potential impacts due to the
modifications to the Village Six SPA plan are discussed below.
Land Use
The land use changes addressed in this addendum would have no effect on the impacts
and conclusions described in the Land Use section of the FEIR. The proposed SPA
amendment increases the number of multi-family units within the village core at a density
that provides a transition between the higher density multi-family and the single-family
neighborhood to the west. The proposed modification to the SPA Plan would be
consistent with the City of Chula Vista General Plan designations. The proposed
4
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M :\)obsIJSIJ I 1.!IT~phIC S>Z!dd"ndurnJ.O J. 02\11g2_!l1 OJ/07lll::!
FIGURE 2
Propo!oied Site Utilization Plan
for the Otay Ranch Village Six SPA Plan
,go
amendment would also be consistent with the goals and policies of the Otay Ranch
General Development Plan (GDP) and the land use designation identified in the Village
Six SPA Plan as described in the FEIR. The modified zoning designations would not
result in any new land use compatibility issues and would not conflict with any applicable
management or conservation plans.
Population and Housing
The elimination of 88 single family units and the addition of 88 multi family units, as
proposed by the SPA Plan amendment, would not result in a change in the total number
of units in Village Six. In addition, the same population generation rate (3.01
persons/unit) is used for both single family and multi family homes in the FEIR. As a
result, the anticipated population would remain the same and the proposed changes would
therefore, have no impact on the potential for exceeding area population and growth
projections.
Traffic
The Traffic Impact Analysis for Otay Ranch Village 6, prepared by Linscott, Law, &
Grecnspan and dated September 20, 200 I, establishes a traffic generation rate of ten trips
per unit per day for single-family homes and eight trips per unit per day for multi family
homes. Given thc numbers above as provided in the FElR, this proposed SPA
amcndmcnt would result in a total decrcasc of 176 trips per day.
Noise
The FEIR dctcnnined that residential development within the Village Six area would be
exposed to significant impacts from roadway noisc and requires mitigation measures to
reduce this impact to a less than significant level. The changes associated with the
proposed SPA amendment would not affect the noise detenninations made in the FEIR.
The construction of multi family homes adjacent to Olympic Parkway in the arca
originally designated for single family homes has the potential to place balconies
overlooking the roadway. It is thc policy of the City of Chula Vista to require that
balconies be designcd so that noise levels are below 65 dBA CNEL. The application of
noise mitigation mcasurcs 5.12-1 through 5.12-5, as detailed in the FElR, including the
requirement for multiple story buildings with balconies, would ensure that there is no
significant noise impact.
Public Services and Utilities
In addition to traffic, several other issues would have a dccrcased effect as a result of the
proposed SPA Plan amendment. The environmental issues of sewage generation, potable
water demand, and recycled water dcmand, as presented in the FElR, are also contingent
upon the number of single family and multi family units. According to the FEIR, single-
family homes have a highcr generation rate for sewagc generation, and potable water than
do multi family homcs.
5
f/
Sewer: As noted in the McMillin-Otay Ranch Village Six Gravity Sewer Study and the
Overview of Sewer Service for Otay Ranch Company Village Six, the sewage generation
rate is 265 gallons per day (gpd) per unit for singJe- family homes and 199 gallons per day
(gpd) per unit for multi family homes. The proposed SPA amendment would result in a
decrease of approximately 5,808 gpd in sewage generation as compared to the adopted
Village Six SPA Plan. This represents a one percent decrease in the total amount of
anticipated sewage generation for the entire Village Six project. The degree of this
reduction is negligible. Therefore, the impacts associated with this issue would remain
unchanged from those presented in the FEIR.
Water: According to the Subarea Master ptanfor Otay Ranch Villages Six, Seven, and
Ptanning Area 12, Volume 1: Conceptual Facilities Plan and the McMillin Village Six
Water Facilities ptan prcpared by John Powell and Associates, the potable water
generation rate is 420 gpd per unit for sing1e-family homes and 294 gpd per unit for multi
fami1y homes. The proposed SPA amendment would result in an overall decrease in
water use by approximately 11,088 gpd decrease in the potable water generation would
result from the proposed SPA Plan modification. This represents a 1.3 percent decrease in
the total amount of anticipated sewage generation for all of Village Six. The degree of
this reduction is negligible. Therefore, the impacts associated with water resources would
remain unchanged from those presented in the FEIR.
Recycled water: The issue of recycled water is based upon the number of acres of multi
family use. Since single-family homes do not use recycled water, the modifications to the
SPA plan would result in an increased demand for recycled water. According to the
FEIR, multi family units have a recycled water gencration rate of 2,232 gallons per day
(gpd) per irrigated acre. The proposed addition of 1.8 acres of multi family units results
in a 4,018 gpd per irrigated acre increase in the recycled water demand. This increase
represents a 3.3 percent rise in the recycled water demand for the entire SPA Plan area.
This increase is negligible. As stated in the FEIR, the use of recycled water has been
planned for by the Otay Water District. Implementation of mitigation measures 5.13.2-1
through 5.13.2-3 of the FElR reduces the impacts on recycled water to below a level of
significance. The proposed change from single family to multi family units would not
affect the overall conclusions and mitigation measures presented in the FEIR.
Demands for the public services used by Village Six, including law enforcement, parks,
and 1ibraries, are projected based upon population and student generation rates are based
on the total number of units. Since the FEIR used the same population generation rate
(3.01 persons/unit) for single family and multi family homes and the total number of
units remains unchanged with the proposed changes to the SPA Plan, the conclusions
concerning these public service issues would not vary from those made in the FEIR.
The proposed modification to the Village Six SPA Plan would not result in any impacts
to other issues that were addressed in the FEIR. The modifications to the Village Six SPA
Plan would change the designs for Neighborhood R-7a, 7b, and 9b. The changes would
increase the number of multi-family units within the village core to a density that
provides a transition between the higher density multi-family and the single-family
6
f,?
neighborhood to the west. The footprint of the project site would remain the same and the
changes in design would not result in a substantial change to the drainage pattern of the
site, or in any new impacts to previously unidentified geophysical, agricultural, or
paleontological conditions as analyzed in the FEIR. Therefore, the impacts to landfonn
alteration and aesthetics, geology and soils, paleontology, agriculture, water quality, and
air quality would not be affected due to the proposed SPA amendment. As a result, the
modifications to the Village Six SPA Plan would result in no changes to the significance
of the impacts or mitigation measures identified in the FEIR.
VI. CONCLUSION
The proposed modification to the Otay Ranch Village Six SPA Plan would not cause any
new or more severe physical impacts nor require any additional mitigation measures that
were not already addressed in the FEIR. As such, the analysis and conclusions presented
in the FEIR are not changed by the proposed action.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above
discussion, I hereby find that the revisions to the proposed Project will result in only
minor technical changes or additions to the Project, and that none of the conditions for
preparing a subsequent or supplemental EIR, as identified by Sections 15162 and 15163,
exist. Therefore, the preparation of this Addendum is appropriate to make the FEIR
adequate under CEQA.
1~R'f le~ ~'
Environmental Review Coordinator
March 7, 2002
7
..l3
Case No. IS-02-034
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
Otay Project L. P.
2.
Lead Agency Name and Address:
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
3,
Address and Phone Number of Proponent:
350 W. Ash Street, Ste. 730
San Diego, CA 92101
(619) 234-4088
(619) 234-4050 (fax)
4.
Name of Proposal:
Otay Ranch Village Six SPA Plan
Second Tier FEIR 98-01
5.
Date of Checklist:
March 7, 2002
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
I. LAND USE AND PLANNING. Would the
proposal:
a) Contlict with general plan designation or 0 0 0 [8J
zoning?
b) Contlict with applicable environmental plans or 0 0 0 [8J
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations 0 0 0 [8J
(e.g., impacts to soils or farmlands, or impacts
from incompatible land uses)?
d) Disrupt or divide the physical arrangement of 0 0 0 [8J
an established community (induding a low-
income or minority community)?
Comments: Development of the Village Six Sectional Planning Area (SPA) Plan was evaluated in
the Final Second Tier EIR 98-0] for the Otay Ranch Village Six SPA Plan (FEIR) that
was certified on January 22,2002. The SPA amendment proposed here would modify
the zoning on Neighborhood R-7a from SF4 (single family) to RM2 (multi family),
permitting the development of multi-family units in R-7a. The proposed project also
modifies the boundary between Neighborhoods R-7a and R-7b to reallocate 47 multi-
family units from Neighborhood R-9b to Neighborhoods R-7a and R-7b (23 units to R-
7 a and 24 units to R -7b). This proposed SPA amendment increases the number of
I
Yi
multi-family units within the village core at a density that provides a transition between
the higher density multi-family and the single-family neighborhood to the west. The
Village Six SPA Plan approved on January 22, 2002 authorized 1,029 single family
and 1,203 multi family units. This amendment proposes 941 single family and 1,291
multi family units, reflecting an 88 unit change in the residential mix. 11 should be
noted that, according to the FElR, the original total of 1,029 single family units
includes 146 additional single family homes that would be constructed should a high
school not be built in Neighborhood R-ll/S-2.
The City of Chula Vista General Plan designates Otay Ranch Village Six as a low-
medium density village residential area with three to six dwelling units per acre,
distributed around a village core which includes higher density single- and multi-family
residential use, an elementary school site, a mixed-use site, and a neighborhood park
site. The proposed modification to the SPA Plan would be consistent with the City of
Chula Vista General Plan designations. The proposed amendment would also be
consistent with the goals and policies of the Otay Ranch General Development Plan
(GDP) and the land use designation identified in the Village Six SPA Plan as described
in the FEIR. The modified zoning designations would be compatible with adjacent
land uses. The FElR also concluded that agricultural impacts would be reduced to a
less than significant level by implementation of the Agricultural Plan in the Village Six
SPA Plan. The proposed changes would not disrupt an established community because
the area is currently undeveloped.
Potentially
11. POPULATION AND HOUSING. Would the Potentially Significant Less than
proposal: Significant UnJess Significant No
Impact Mitigated Impact Impact
a) Cumulatively exceed official regional or local D D D [z;J
population projections?
b) Induce substantial growth in an area either D D D [z;J
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable D D D [z;J
housing?
Comments:
The elimination of 88 single family units and the addition of 88 multi family units, as
proposed by the SPA Plan amendment, would not result in a change in the total
number of units in Village Six. In addition, the same population generation rate (3.01
persons/unit) is given for both single family and multi family homes in the FEIR. As a
result, the anticipated population would remain the same and the proposed changes
would therefore, have no impact on the potential for exceeding area population and
growth projections. Since the project site is currently vacant, the changes associated
with the proposed amendment would not result in the displacement of existing housing.
2
..!s-
Potentially
111. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than
expose people to potential impacts involving: Significant Unless Significant No
Impact Mitigated Impact Impact
a) Unstable earth conditions or changes in D D D [gJ
geologic substructures?
b) Disruptions, displacements, compaction or D D D [gJ
overcovering of the soil?
c) Change in topography or ground surface relief D D D [gJ
features?
d) The destruction, covering or modification of D D D [gJ
any unique geologic or physical features?
e) Any increase in wind or water erosion of soils, D D D [gJ
either on or off the site?
f) Changes in deposition or erosion of beach D D D [gJ
sands, or changes in siltation, deposition or
erosion which may modify the channel of a
river or stream or the bed of the ocean or any
bay inlet or lake?
g) Exposure of people or property to geologic D D D [gJ
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments:
The modification to the SPA Plan for Village Six would not result in any previously
unidentified geophysical impacts or require new any mitigation measures. No major
geologic conditions would constrain the development of the site as proposed in the
modified SPA Plan. Implementation of Mitigation Measures 5.5-1 through 5.5-6 in the
FEIR would reduce any potential geophysical impacts to below a level of significance.
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) Changes in absorption rates, drainage patterns, D D D [gJ
or the rate and amount of surface runoff?
b) Exposure of people or property to water D D D [gJ
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other D D D [gJ
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any D D D [gJ
water body?
3
..f~
e) Changes in currents, or the course of direction
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of
groundwater?
h) Impacts to groundwater quality?
i) Alterations to the course or flow of flood
waters?
j) Substantial reduction in the amount of water
otherwise available for public water supplies?
Comments:
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
[8J
[8J
[8J
[8J
[8J
[8J
The proposed modification to the SPA Plan for Village Six, as implemented as a part of
the Tentative Map for the Otay Ranch Company ownership would not result in a
substantial change to the drainage pattern of the site as analyzed in the FEIR. Thc
varied uses proposed by the amendment would also have no additional adverse affect on
runoff quality. Potentially significant hydrology/water quality impacts identified in the
FEIR would be mitigated to a Jess than significant level by mitigation measures 5.9-1
and 5.9-2. Modifications to the SPA Plan for the Village Six project would not result in
any previously unidentified water impacts, and the mitigation measures identified in the
FEIR would be equally applicable to the proposed new configuration ofland uses.
IV. AIR QUALITY. Would (he proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature,
or cause any change in climate, either locally
or regionally?
d) Create objectionable odors?
e) Create a substantial increase in stationary or
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments:
Potentially
Potentially Significant Less than
Significant Unless Significam No
Impact Mitigated Impact Impact
0 0 0 [8J
0 0 0 [8J
0 0 0 [8J
o
o
o
o
o
o
L8J
~
The FEIR determined that significant, unmitigated air quality impacts would occur as a
result of implementing the entire Village Six SPA Plan. A Statement of Overriding
Considerations was adopted at the time the FEIR was certified. Modifications to the
project which include the change in the designation of 88 single family units to multi
family units would not result in any substantial additional air quality impacts.
According to the San Diego Association of Governments (SANDAG), traffic trip
generation rates are calculated to be 10 trips per unit per day for single family homes
and 8 trips per unit per day for multi family homes. The proposed SPA amendment
4
37
would result in approximately 176 less vehicle trips than the adopted Village Six SPA
Plan. Due to the reduction in vehicle trips, air quality impacts would be slightly
reduced from those previously addressed in the FEIR. Short-term construction impacts
to air quality are not expected to be exacerbated by the proposed modifications.
Potentially
V. TRANSPORT A TIONtCIRCULA TION. Would Potentially Significant Less than
the proposal result in: Significant Unless Significant No
Impact Mitigated Impact Impact
a) Increased vehicle trips or traffic congestion? 0 0 0 ~
b) Hazards to safety from design features (e.g., 0 0 0 ~
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to 0 0 0 ~
nearby uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 ~
e) Hazards or barriers for pedestrians or 0 0 0 ~
bicyclists?
f) Conflicts with adopted policies supporting 0 0 0 ~
alternative transportation (e.g. bus turnouts,
bicycle racks)?
g) Rail, waterborne or air traffic impacts? 0 0 0 L8:J
h) A "large project" under the Congestion 0 0 0 L8:J
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: According to SANDAG, single family units generate an estimated 10 trips per unit per
day and multi family homes generate an estimated 8 trips per unit per day. The
proposed SPA amendments for Village Six calls for the elimination of88 single family
homes and the creation of88 multi family homes. The proposed SPA amendment would
result in approximately 176 less vehicle trips than the adopted Village Six SPA Plan.
As a result, all traffic-related impacts analyzed in the FEIR are expected to be slightJy
Jess with the implementation ofthe proposed SPA amendment. Other traffic/circulation
impacts associated with the proposed modification to the SPA Plan for Village Six
would not differ from those presented in the FEIR.
VI. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage
trees)?
c) Locally designated natural communities (e.g.,
oak forest, coastal habitat, etc.)?
5
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 L8:J
o
o
L8:J
o
o
o
L8:J
o
,3q;"
d) Wetland habitat (e.g., marsh, riparian and D D D [g]
vernal pool)?
e) Wildlife dispersal or migration corridors? D D D [g]
t) Affect regional habitat preservation planning D D D [g]
efforts?
Comments:
The site is devoid of any sensitIve plant or animal species or habitats. The
modifications proposed in the Village Six SPA Plan would not change any of the
conclusions or mitigation measures of the FEIR with respect to biological resources.
Potentially
VII. ENERGY AND MINERAL RESOURCES. Potentially Significant Less than
Would the proposal: Significant Unless Significant No
Impact Mitigated Impact Impact
a) Conflict with adopted energy conservation D D D [g]
plans?
b) Use non-renewable resources in a wasteful and D D D [g]
inefficient manner?
c) If the site is designated for mineral resource D D D [g]
protection, will this project impact this
protection?
Comments:
The proposed amendment to SPA Plan for Village Six would not conflict with any
adopted energy conservation plans or use any non-renewable resources in a wasteful
and inefficient manner. Therefore, no impacts to energy and mineral resources are
anticipated with implementation of the modifications to the Village Six SPA Plan.
Potentially
VIIl. HAZARDS. Would the proposal involve: Potential1y Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) A risk of accidental explosion or release of D D D [g]
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency D D D [g]
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential D D D [g]
health hazard?
d) Exposure of people to existing sources of D D D [2'J
potential health hazards?
e) Increased fire hazard in areas with flammable D D D [g]
brush, grass, or trees?
Comments: The FEIR did not identify any public safety (hazards) impacts associated with the
proposed development of the Village Six area. The amendment to the SPA Plan would
transfer the density in an area already designed for development. The modifications to
the SPA Plan would not result in or interfere with any public safety plans, or create or
increase any health hazards.
6
39
Potentially
IX. NOISE. Would the proposal result in: Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) Increases in existing noise levels? 0 0 0 ~
b) Exposure of people to severe noise levels? 0 0 0 ~
Comments:
The FEIR determined that residential development within the Village Six area would be
exposed to significant impacts from roadway noise and requires mitigation measures to
reduce this impact to a less than significant level. The changes associated with the
proposed SPA amendment, would not affect the noise determinations made in the
FEIR. The construction of multi family homes adjacent to Olympic Parkway in the
area originally designated for single family homes has the potential to place balconies
overlooking the roadway. It is the policy of the City of Chula Vista to require that
balconies be designed so that noise levels are below 65 dBA CNEL. The application
of noise mitigation measures 5.12-1 through 5.12-5, as detailed in the FEIR, including
the requirement for multiple story buildings with balconies, would ensure that there is
no significant noise impact.
PUBLIC SERVICES. Would the proposal have
an effect upon, or result in a need for new or
altered government services in any of the following
areas:
X.
Potentially
Significant
Impact
o
o
o
o
a) Fire protection?
b) Police protection?
c) Schools?
d) Maintenance of public facilities, including
roads?
Comments:
e) Other governmental services?
o
Potentially
Significant
Un:Jess
Mitigated
o
o
o
o
o
Less than
Significant
Impact
o
o
o
o
o
No
Impact
~
~
~
~
~
Demands for fire protection, police protection, maintenance of public facilities, and
other governmental services are based on the projected population estimates. Demands
for schools are based on the number of units. Since the FEIR used the same population
generation rate (3.01 persons/unit) for single family and multi family homes and the
total number of units does not change with the amendment, the projected demands for
these services would not change as a result of the proposed project modification.
7
tltJ
Xl. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
Potentially
Potentially Significant Less than
Sigllificant Unless Significant No
Impact Mitigated Impact Impact
0 0 0 ~
As described below, the proposed project does not adversely impact any of the seven Threshold
Standards.
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) Fire/EMS 0 0 0 ~
The City's Threshold Standards requires that fire and medical units must be able to respond
to calls within seven minutes or less in 85 percent of the cases and within five minutes or
less in 75 percent of the cases. The City of Chula Vista has determined that this threshold
standard would be met because fire services would be provided in accordance with the
Otay Ranch Fire Master Plan and EMS Master Plan.
Comments:
The FEIR states that potential impacts to fire protection and emergency medical
services would be mitigated by compliance with the Fire Station Master Plan and
payment of fees. Since the population generation rate and the total number of units
would remain the same, the proposed amendments to the Village Six SPA Plan would
not result in substantial changes in the ability to deliver adequate services to the project
area. Therefore, no significant impacts to fire protection and emergency medical
services are anticipated with the proposed changes.
The Findings of Fact adopted for the FEIR found that the Village Six SPA Plan and the
Otay Ranch Village Six SPA Public Facilities Finance Plan (PFFP) would meet
projected demands for fire and EMS services. No additional impacts to fire and EMS
services are anticipated.
Potentially
Potential1y Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
b) Police 0 0 0 [><;]
The City's Threshold Standards require that police units must respond to 84 percent of
Priority I calls within 7 minutes or less and maintain an average response time to all
Priority I calls of 4.5 minutes or less. Police units must respond to 62.10 percent of
Priority 2 calls within 7 minutes or less and maintain an average response time to all
Priority 2 calls of 7 minutes or less.
Comments:
The FEIR states that potential impacts to law enforcement services would be mitigated
by compliance with the Law Enforcement Services Master Plan for Otay Ranch and
payment of mitigation fees. Since the population generation rate and the total number
of units would remain the same, the proposed amendments to the Village Six SPA Plan
would not result in substantial changes in the ability to deliver adequate law
enforcement services to the project area. No significant impacts to law enforcement
services are anticipated with the proposed changes.
8
tj/
The Findings of Fact adopted for the FEIR found that the Village Six SPA Plan, and
the PFFP and the development impact fee program would meet projected demands for
law enforcement services. No additional impacts to law enforcement services are
anticipated.
Potentially
Potentially Significant Less than
Significant Urness Significant No
Impact Mitigated Impact Impact
c) Traffic 0 0 0 [8]
The City's Threshold Standards require that all intersections must operate at a Level of
Service (LOS) "C" or better, with the exception that LOS "0" may occur during the
peak two hours of the day at signalized intersections. Intersections west of 1-805 are not
to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or
"F" during the average weekday peak hour. Intersections of arterials with freeway
ramps are exempted from this Standard.
Comments:
According to SANDAG, the trip generation rates for single family and multi family
homes are 8 trips per unit and 10 trips per unit, respectively. As a result, the proposed
SPA amendment would result in the generation of approximately 176 less total trips.
As a result, no additional traffic impacts associated with the proposed SPA Plan
modification are anticipated. The application of traffic mitigation measures 5.10-12
through 5. 10-18, as presented in the FEIR, would be required for the modified project
and would reduce the potential for exceeding the City's Threshold Standards for traffic
to a less than significant level.
Potentially
Potentially Significant Less than
Significant Uruess Significant No
Impact Mitigated Impact Impact
d) ParkstRecreation 0 0 0 [8]
The City's Threshold Standard for Parks and Recreation is 3 acrestl,OOO population.
Comments:
Since the projected population is expected to be the same with or without the proposed
changes, there is no affect on the demand for additional parkland or recreational
services.
Potentially
Potentially Significant Less than
Significant UnJess Sigrufkant No
Impact Mitigated Impact Impact
e) Drainage 0 0 0 [8]
The City's Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects would provide necessary improvements
consistent with the Drainage Master Plan(s) and City Engineering Standards.
9
tj,f
Comments:
The proposed amendment of the Village Six SPA Plan would not substantially alter the
drainage over that analyzed in the FEIR. The modifications to the SPA Plan would not
impede the project's ability to comply with City Engineering Standards, and would not
result in any impacts not previously considered.
Potentia1ly
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
f) Sewer 0 0 0 [8J
Comments:
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements consistent
with Sewer Master Plan(s) and City Engineering Standards. The proposed project will
comply with this Threshold Standard.
Sewage generation rates as listed in the FEIR are 265 gallons per day (gpd) per unit for
single family units and 199 gpd per unit for multi family units. The proposed SPA
amendment would result in an estimated 5,808 gpd decrease in sewage demand. It
should be noted that the projected sewer demand for the entire SPA as presented in the
FEIR is 581,692 gpd. The 5,808 gpd decrease in the sewage demand resulting from
the proposed SPA Plan modifications represents approximately a 1.0 percent decrease
in the total sewage demand. Therefore, the amendment to the SPA Plan is not
anticipated to cause any additional impacts to sewage flows and volumes.
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
g) Water 0 0 [8J 0
Comments:
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality standards
are not jeopardized during growth and construction. The proposed project will comply
with this Threshold Standard.
The proposed SPA amendment is calculated to result in a decrease in the total daily
usage of potable water and an increase in the total daily usage of recycled water.
According to the FEIR, the potable water generation rate is 420 gpd per unit for single
family homes and 294 gpd per unit for multi family homes. The proposed SPA
amendment is calculated to result in an 11,088 gpd decrease in the potable water
demand. This reduction represents a 1.31 % decrease in the SPA-wide potable water
usage as projected in the FEIR.
The proposed SPA Plan amendment would result in an increase in the generation rate
for recycled water. According to the FEIR, single family units do not use recycled
water. Therefore, the addition of 88 multi family homes would result in a 4,018 gpd
per acre increase over the 1.8 acre-total area containing these homes. This increase
represents a 3.30% increase in the SPA-wide demand for recycled water as projected
10
ij.J
in the FEIR.
The increase in the demand for recycled water is negligible. As stated in the FEIR, the
use of recycled water has been planned for by the Otay Water District. Implementation
of mitigation measures 5.13.2-1 through 5.13.2-3, as listed in the FEIR would reduce
the impacts on recycled water to below a level of significance.
Potentially
Xll. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant Less than
the proposal result in a need for new systems, or Significant Unless Significant No
Impact Mitigated Impact Impact
substantial alterations to the following utilities:
a) Power or natural gas? D D D ~
b) Communications systems? D D D ~
c) Local or regional water treatment or D D D ~
distribution facilities?
d) Sewer or septic tanks? D D D ~
e) Storm water drainage? D D D ~
t) Solid waste disposal? D D D ~
Comments: Public service demands were analyzed in the FEIR. The proposed modification to the
SPA Plan for Village Six would not require new systems or substantial alterations to
any of the planned service systems. The population generation rates would remain the
same with the proposed changes and the project site would continue to be served by
utility and service system infrastructure provided through the development of Village
Six. No additional impacts to utilities and service systems would be anticipated.
Potentially
Potentially Significant Less than
Significant Unless Significant No
XllI. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact
a) Obstruct any scenic vista or view open to the D D D ~
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a D D D ~
scenic route?
c) Have a demonstrable negative aesthetic effect? D D D ~
d) Create added light or glare sources that could D D D ~
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Produce an additional amount of spill light? D D D ~
11
t/~
Comments:
The proposed SPA amendment re-designates Neighborhood 7a from single family to
multi family to allow for the replacement of88 single family units with 88 multi family
units. The proposed change would replace approximately 13 acres of single family
homes with 12 acres of multi family homes and approximately I acre of open space.
These changes are considered negligible with respect to landform alteration and
aesthetics. No additional impacts to aesthetics are anticipated.
Potentially
XIV. CULTURAL RESOURCES. Would the Potentially Significant Less than
proposal: Significant Urness Significant No
Impact Mitigated Impact Impact
a) Will the proposal result in the alteration of or 0 0 0 ~
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 ~
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 ~
physical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 ~
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 ~
EIR as an area of high potential for
archeological resources?
Comments: Implementation of mitigation measures 5.4-1 through 5.4-3 of the FEIR would reduce
any potential impacts to cultural resources to below a level of significance. The proposed revisions to
the project would not result in any new impacts. As a result, with mitigation, cultural resource impacts
would remain below a level of significance.
Potentially
Significant
Impact
Potentially
Significant
Uruess
Mitigated
Less than
Significant
Impact
No
Impact
XV. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the
destruction of paleontological resources?
o
o
o
~
Comments: The Village Six SPA Plan site is underlain by alluvium (Qal), Otay Formation (To), and
San Diego Formation (Tsd). Both To and Tsd formations are likely to contain fossil resources.
Implementation of mitigation measures 5.6-1 through 5.6-4 of the FEIR would reduce potential impacts
to below a level of significance. The proposed amendment would not result in any new impacts to
potential paleontological resources.
12
tiS-
Potentially
XVI. RECREATION. Would the proposal: Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
a) Increase the demand for neighborhood or D D D ~
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? D D D ~
c) Interfere with recreation parks & recreation D D D ~
plans or programs?
The projected demand for parks and other recreational facilities is based on the
population. Since the FEIR used the same population generation rate (3.01 persons per
unit) for single family and multi family homes, the projected demand for these services
would not change as a result of the proposed project modifications.
Comments:
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative Declarationfor
mandatory findings of significance. If an EIR is
needed. this section should be completed.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species.
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods or
California history or prehistory?
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
D D D ~
The proposed modification to the SPA Plan for Village Six would not degrade the
quality of the environment because the changes are consistent with the issues analyzed
in the FEIR.
Comments:
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term.
environmental goals?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
No
Impact
Less than
Significant
Impact
D
~
D
D
The proposed modification to the SPA Plan for Village Six would be consistent with
the issues analyzed in the FErR, with respect to relationship of short-term and long-
term environmental goals. No impacts are anticipated.
Comments:
13
'-Iff
-_._.._---~_.-.__.-..._._,-..-
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumu]ative]y considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
D D D ~
Comments:
Cumulative effects related to the development of Village Six were considered in the FEIR.
The potentially significant cumulative impacts associated with the proposed project are
land use, planning and zoning, paleontological resources, cultural resources, landfonn
alteration/aesthetics, biological resources, agricultural resources, water resources and
water quality, transportation, circulation and access, public services and utilities, and
hazards/risk of upset. The proposed SPA amendment for Village Six would not result in
additional cumulative effects that were not considered in the FEIR.
d) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
D D D ~
Comments:
The proposed modification to the SPA Plan for Village Six would not result in any adverse
effects on human beings that were not considered in the FEIR.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
No additional mitigation measures are required.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read,
understood and have their respective company(s) authority to and do agree to the mitigation measures
contained herein and within EIR 98-0 I, and will implement same to the satisfaction of the Environmental
Review Coordinator. Applicant shall also specifically acknowledge acceptance of noise mitigation measures
5. ]2-] through 5.12-5, as detailed in the FEIR, which will apply to all multiple story buildings with balconies,
including those proposed under this SPA amendment. Failure to sign the line(s) provided below prior to
consideration of the Addendum sha1l indicate thc Applicant(s) and/or Opcrator(s) desire that the Project be
held in abeyance without approval.
, '?~~1lta~71Iu~
Ranie L. Hunter, Vice President
Otay Project L.P.
14
tj1
Exhibit "D"
Otay Ranch Company's Village Six SPA Amendment
(PCM-02-20)
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the conditions and Code requirements set
forth below shall be completed as determined by the Director of Planning and Building.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/PRELIMINARY
I. To the satisfaction of the Director of Planning and Building, Applicant shall submit to the
City amendments to all other Village Six SPA Plan associated documents for review and
approval. Said amendments shall be submitted within thirty (30) days of the approval of
this Amendment to the Village Six SPA Plan.
2. Applicant shall submit all changes to the Village Six SPA Plan in an electronic format as
directed by the Director of Planning and Building within thirty (30) days of the approval
of this Amendment to the Village Six SPA Plan.
tiel
- -_."._."._"....'-_.__.."--..~ ','.--..-..----------. ----~_..__._. -
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDMENT TO THE OT A Y
RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING
THE ZONING DISTRICT MAP FOR VILLAGE SIX
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A.', attached hereto and described on Chula Vista Tract 02-03 and 02-05, and is commonly
known as Village Six ("Property"); and,
WHEREAS, an application to amend the Village Six Sectional Planning Area (SPA) Plan
and the Village Six Planned Community District Regulations Land Use Districts Map
("Project")(PCM-02-20) was filed with the City of Chula Vista Planning and Building Department
on February 18,2002 by Otay Project, L.P. ("Applicant"); and,
WHEREAS, the application requests to amend the Village Six SPA Plan's Planned
Community District Regulation's Land Use Districts Map to reflect neighborhood boundary
adjustments between Neighborhoods R-7a and R-7b, and to and re-designate Neighborhood R-7a
from SF-4 to RM-2; and,
WHEREAS, the amended Otay Ranch Village Six SPA Plan Planned Community District
Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically
Chapter 19.48 (PC) Planned Community Zone, and are applicable the Otay Ranch Village Six SPA
Land Use Districts Map of the amended Village Six SPA Plan; and,
WHEREAS, the Otay Ranch Village Six SPA Plan refines and implements the land plans,
goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council ofthe City of
Chula Vista on October, 23, 1993, and as amended on May 14, 1996, November 10, 1998, and
October 23,2001; and,
WHEREAS, Village Six is located in the north-central portion of the Otay Valley Parcel,
south of the future extension alignment of Olympic Parkway, north ofthe future Birch Road, east ofthe
extension of La Media Road and west of the future SR-125; and,
WHEREAS, this Project is considered a subsequent action in the program of development
evaluated under the Village Six SPA Plan Final EIR 98-01 (Final ErR 98-01); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has
detennined 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 the Final ErR 98-01. Only minor technical changes or
additions are necessary and none of the conditions requiring preparation of a subsequent or
I./r
Ordinance No.
Page No.2 of3
supplemental ErR, as identified in Sections 15162 and 15163 exist; therefore, an addendum to Final
EIR 98-01 has been prepared in accordance with State CEQA Guidelines Section 15164; and
WHEREAS, the Planning and Building Director set the time and place for a hearing before
the Chula Vista Planning Commission on the Project, and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City and its
mailing to property owners within 500 feet of the exterior boundaries ofthe property at least 10 days
prior to the hearing; and,
WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00
p.m., March 13, 2002 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, the City Clerk set the time and place for a hearing before the Chula Vista City
Council on the Project, and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City and its mailing to property owners
within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00
p.m., March 26, 2002, in the Council Chambers, 276 Fourth Avenue, before the City Council and
said public hearing was thereafter closed; and,
WHEREAS, the amendments to the Otay Ranch Village Six SPA Plan confonn to the
policies found in the Chula Vista General Plan and the Otay Ranch General Development Plan; and,
WHEREAS, by a vote of
Council approve the Project; and.
the Planning Commission recommended that the City
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista on the amendments to the Otay Ranch Village Six SPA Plan.
NOW, THEREFORE, BE IT RESOL VED 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 on the amended Village Six SPA Plan held on March 13,2002 and the minutes and
resolutions 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.
.5"C>
Ordinance No.
Page No.3 of 3
11. ACTION
The City Council hereby adopts the modifications to the Land Use Districts Map (Exhibit
"B") of the Village Six SPA Planned Community District Regulations, finding that they are
consistent with the City ofChula Vista General Plan, the Otay Ranch General Development
Plan, Otay Ranch 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.
11. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council found that the Project, as described and analyzed in the addendum to Final
EIR 98-01, would have no new effects that were not examined in said FEIR [Guideline
15168 (c)(2)] pursuant to Council Resolution No.
Presented by
Approved as to fonn by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
s/
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FREEWAY
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LOCATION
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LOCATOR =arr: OTAYRANCH COMPANY PROJECT DESCRIPTION: FILE NUMBERS:
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:g-'~~: OTAY RANCH VILLAGE 6 Otay Ranch Company PCS-02-03
SCALE: Village 6 Tentative Map
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RESOLUTION NO.
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 (SPA)
PLAN, CHULA VISTA TRACT 02-05
WHEREAS, the property which is the subject matter of this resolution is identified on
the locator map (Exhibit "A") attached hereto and described on Chula Vista Tract 02-05, and is
commonly known as Otay Ranch Company's Portion of Otay Ranch, Village Six ("Property");
and,
WHEREAS, Otay Project, L.P. ("Applicant"') filed a duly verified application for the
subdivision of the Property in the form of the tentative subdivision map known as "Otay Ranch
Village Six, Chula Vista Tract 02-05", ("Project"), with the Planning and Building Department
of the City of Chula Vista on October 16, 200 I; and,
WHEREAS, the application requests the approval for the subdivision of approximately
201.1 acres of land known as "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.
90-0 I, SCH #90 I 0 154 ("Program EIR 90-0 I "); the Otay Ranch General Development Plan
(GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report
("Final EIR 0 1-02")(SCH#200 I 031120). the Otay Ranch Village Six Sectional Planning Area
(SPA) Plan Final Second Tier Environmental Impact Report ("FEIR 98-
01")(SCH#2001041033), and 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 the Village Six SPA Plan Final EIR 98-01. Only
minor technical changes or additions are necessary and none of the conditions requiring
preparation of a subsequent or supplemental EIR, as identified in Sections 15162 and 15163
exist; therefore, an addendum to FEIR 98-01 was prepared in accordance with State CEQA
Guidelines Section 15164; and,
WHEREAS, the Planning Commission set the time and place for a hearing on Otay
Ranch Company's portion of Otay Ranch, Village Six Tentative Subdivision Map (C.VT 02-
05) and notice of said hearing, together with its purpose, was given by its publication in a
$"~
newspaper of general circulation in the City and its mailing to property owners within 500 feet of
the exterior boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
March 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,
WHEREAS, a public hearing was scheduled before the City Council of the City of
Chula Vista on Otay Ranch Company's portion of Otay Ranch, Village Six Tentative
Subdivision Map, PCS-02-05, namely 6:00 p.m. March 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, detennine, 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 March 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 ofthe 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
Addendum to FEIR 98-01, would have no new effects that were not examined in said
Addendum (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the resolution approving Otay Ranch Company's
portion of Otay Ranch, Village Six Tentative Map, Chula Vista Tract 02-05 involving
201.1 acres of land known as "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 FINDINGS
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the "Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-
05)'" as conditioned, attached as Exhibit "B" to this resolution, hereto for Otay Project,
L.P., is in conformance with all the various elements of the City's General Plan, the Otay
S7
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, mixed-use, community purpose facilities and
common usable open space and other uses authorized by the Village Six Sectional
Planning Area (SPA) Plan.
2. Circulation
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 Otay Ranch Company
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. Construction of
parkland and common usable open space and programmable recreation facilities
are the responsibility of the Applicant.
5. Conservation
The Program EIR and FEIR 98-0 I 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 cvery 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 Six
SPA Geotechnical Reconnaissance Report.
S'i
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 eastern territories.
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.
II. 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 III
Exhibit "C", attached hereto.
SY
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 every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to fonn by
Robert Leiter
Planning and Building Director
John M. Kaheny
City Attorney
6tJ
FREEWAY
COMMERCIAL
VILlAGE 11
VILLAGE 2
PROJECT
LOCATION
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VILLAGE 7
EASTERN
URBAN
CENTER
I HULA VISTA PLANNING AND BUILDING DEPARTMEN
LOCATOR =c!ik: OTAY RANCH COMPANY PROJECT DESCRIPTION: FILE NUMBERS:
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Exhibit "C"
Otay Ranch Company's Village Six Tentative Subdivision Map
(C.V.T.02-05)
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 tree 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
I. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit ofthe heirs, successors, assigns and representatives ofthe Developer as to any
or all of the Property. For purposes ofthis document the term "Developer" shall also mean
"Applicant". (Planning)
2. The Applicant shall comply with all requirements and guidelines ofthe City ofChula 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 trom time to
time, unless specifically modified by the appropriate department head, with the approval of
the City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council. (Planning)
3. If any ofthe 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,
Page 1 of 42
ft,1
k__'._ _. ",__._ "._.._._......_.._.___.._.
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, arising from challenges to the
Environmental Impact Report and subsequent environmental review for the Proj ect 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 ofthe 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 funds 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
ofChula 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:
Page 2 of 42
~g;
-.-....---.--.--------..-------
a. Building permits for a total 9,429 dwelling units have been issued for projects
east ofI-805 (the start date for counting the 9,429 dwelling units is January I,
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: I) the circulation 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 run 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)
II. 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 ofthe 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 of the California
Department ofFish and Game, the California State Water Resources Quality Control Board,
the U.S. Fish and Wildlife Service and the U.S. Anny Corps of Engineers. Prior to any
activity that may potentially impact biological resources, such as clearing 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)
Page 3 of 42
~1
---_._-'_.__.~_....--.'.,-,_._.-.--
14. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and
Wildlife Service and California Department ofFish 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 ofthe RMP, Phase Two, Range
Management Plan to the satisfaction ofthe Director of Planning and Building. (Planning)
17. Simultaneously with conveyance ofland 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 ofthe RMP, Phase Two, Range Management Plan to the
satisfaction ofthe 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 ofthe 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 ofthe 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 ofland 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)
Page 4 of 42
7t'
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 pennit 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 request modification of the approved wall and fence plans, 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 ofthe first "B" map for the Project. Bonds securing noise barrier construction may
be released upon detennination 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 pennits shall be issued for those
lots within the noise contour of 65 CNEL or greater as described in the Noise Technical
Report for Gtay Ranch Village Six, dated September 24, 200 I, unless earlier modified by
agreement with the City ofChula 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
ofChula Vista, CAL TRANS, and CTV or its successor in interest. Noise barrier design and
construction adj acent to SR -125 may be modified should a subsequent acoustical study
demonstrate to the satisfaction ofthe 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 ofthe multi-family lots
Page 5 of 42
"1/
-- ~--- ..-.
-...-. '..-...-.--,...--'.......-.---.....-
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 monumentationlsignage 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 ofthe 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 of25 feet in height shall be landscaped and irrigated to
Page 6 of 42
-7-1
soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet
of slope area, one I-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 ttom 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)
35. Prior to the first "A" map for the Project, Applicant shall submit to and obtain approval by
the City Engineer and the Director of Planning and Building a SPA-wide signage plan
addressing cart and off-street bicycle circulation and street crossing. Such plan shall include
sign colors, materials, heights, location and lighting. Applicant shall install approved signs
concurrent with related improvements or upon request by the City. (Engineering, Planning)
Page 7 of 42
13
36. Developer shall install, to the satisfaction of the Director of Planning and Building and the
City Engineer, two vehicular access points trom View Park Way to Neighborhood R-7, as
directed by the City Engineer. (Planning, Engineering)
37. Developer shall align the fifteen foot (15') wide pedestrian access trom Neighborhoods R-7
to R-3 to ensure a continuous, smooth connection of this pedestrian access between property
owners, to the satisfaction ofthe Director of Planning and Building, or designee, and the City
Engineer. There shall be no off-sets in the pedestrian access' joining points between
property lines. The 15' wide pedestrian access shall contain a six foot (6') wide, paved
sidewalk, which shall also be aligned between properties, connecting the two Neighborhoods
and shall be landscaped to the satisfaction of the Director of Planning and Building.
(Planning, Engineering)
38. Developer shall provide, to the satisfaction of the Director of Planning and Building,
pedestrian access which aligns with the approved, joint access point between Neighborhoods
R-3 and R-7 to the East Palomar Street Village Pathway, as directed by the Director of
Planning and Building and as approved by the City Engineer. (Planning, Engineering)
39. Maps and plans submitted subsequent to the first Tentative Map shall not contain guarded or
gated entrances on View Park Way adjacent to Neighborhoods R-8 and CPF-l, on
Magdalena Avenue adj acent to Neighborhoods R -9b and CPF -1. (Planning, Engineering)
40. Developer shall install, to the satisfaction of the Director of Planning and Building and the
City Engineer, two vehicular access points from View Park Way to Neighborhood R-8, as
directed by the City Engineer. No vehicular accesses shall be provided between
Neighborhood R-8 and Sutter Buttes Street. (Planning, Engineering)
41. Developer shall install, to the satisfaction of the Director of Planning and Building and the
City Engineer, two vehicular accesses trom Magdalena A venue to Neighborhood R-9b, or as
otherwise directed by the City Engineer. (Planning, Engineering)
PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit,
Sewer, Water, Draina2e, Gradin2)
42. 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 trom time to time. The Developer shall construct
the public improvements and provide security satisfactory to the City Engineer and City
Attorney. (Engineering)
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_.___.._.___~___._~..____..._______. . _~.___._____.__~___.._..__._w._.,.~._.., ..._
43. 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)
44. Construct energy dissipators at all storm drain outlets as required by the City Engineer to
maintain non-erosive flow velocities. (Engineering)
45. 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)
46. 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)
47. 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 ofthe security for required improvements, including landscape and irrigation 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)
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48. 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 from
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
Facility Description Cumulative Roadway Unit
Triggers'
I La Media Road - Olympic Parkway to Santa Venetia Street 750
2 Santa Venetia Street - Easterly Boundary ofR-1 to La Media Road 750
3 Santa Venetia Street - Magdalena A venue to La Media Road 750
4 Magdalena Avenue - Santa Venetia Street to Southerly Boundary ofR-4 1500
5 Magdalena A venue - East Palomar Street to Santa Venetia Street 750
6 East Palomar - Olympic Parkway to Magdalena Avenue 750
7 Santa Venetia Street - Easterly Boundary ofR-2 to La Media Road 750
8 Magdalena Avenue - Northerly Boundary ofR-2 to Birch Road 1500
9 Birch Road - Magdalena A venue to La Media Road' 1500
10 La Media Road - Santa Venetia Street to Birch Road' 1500
11 Birch Road - SRI25 to Magdalena Avenue' 1500
12 Magdalena Avenue - Birch Road to South Boundary ofR-6 1500
13 Otay Lakes Road - East "H" Street to Telegraph Canyon Rd' 944
(I) 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-I1/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 fmal map containing the 1500th DU. The
time to perform the construction of these facilities may be extended by the Director of Public Works.
Page 10 of 42
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Table "B"
Village Six
Specific Planning Area Triggers
Area Roadway Roadway Required for Access (n An) Or
Froutage (nFn)'
R-I 1,2 A,F
R-3 1,3 A(1), F
R-4 1,3,4 A(I),F
R-6 1,3,5,64 A(1,3, 6), F
R-1O 1,3,5,64 A(1,3, 6), F
R-2 1,7,8,93,103 A(I),F
R-5 6 A
CPF- I 6 A,F
R-7 6 A,F
R-8 6 A,F
R-9 6 A
CPF-2 1,3,4,11 " 12 A(1,3), F
R-llIS-2 I, II', 12 A(I),F
C-I 6 A,F
(I) Agree to construct and to secure the facility prior to the first fmal 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 fmal 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 fmal 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.
49. 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 the Chula
Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering)
50. 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)
51. 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:
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INTERSECTIONS
. La Media Road and Santa Venetia Street
. Santa Venetia Street and Magdalena Avenue
. Magdalena Avenue and Birch Road
. Birch 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 detennined by the City
Engineer. (Engineering)
52. 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)
53. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended trom time to time. The Applicant shall provide the
following items either prior to the issuance of building pennit(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)
54. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when
special circumstances exist in a subdivision design, as detennined by the Fire Marshal, the
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applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire
Department. (Fire, Planning, Engineering)
55. Waiver No.4 on the Tentative Map is approved only at intersections and only where required
to achieve the sidewalk gradient in compliance with Americans with Disability Act
standards. The super-elevation rate shall not exceed 2% and gutter flow shall be intercepted
by a curb inlet prior to the transition from nonnal to the super-elevated section. Waiver No.9
is approved with the provision that each such intersection with streets entering the
intersection in a horizontal curve or with a less than standard tangent section shall meet
minimum sight distance requirements.
56. Construct a temporary turnaround or street improvements, upon the request of and as
detennined 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)
57. Design all vertical and horizontal curves and intersection sight distances to confonn 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 distance 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 ofChula Vista policies shall prevail. Lighted
SAG vertical curves may be pennitted, with the approval of the City Engineer, at
intersections per American Association of State Highway and Transportation Officials
(AASHTO) standards. (Engineering)
58. 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 confonning 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)
59. 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, stonn drainage system, street lights, and irrigation
improvements; and,
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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)
60. 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
Planning 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)
61. Alleys shall be constructed to City of Chula Vista standards.
62. 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)
63. 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 Two 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 ofthe
first final "B" map within Village Six, a development impact fee program, or other
funding mechanism to the satisfaction ofthe 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 Two.
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d. As part ofthe bridge design, funding and construction, a 10' - wide concrete walkway
shall be provided !Tom the Village Pathway on the north side of Santa Venetia to the
bridge landing on the east side of La Media. (Planning, Engineering)
64. As directed by the Director of Planning and Building and the City Engineer, the Applicant
shall construct a pedestrian bridge connecting Village Six to Village Five in the vicinity of
East Palomar Street crossing over Olympic Parkway at a location directed by the Directors of
Planning and Building, and Public Works. The timing ofthe construction of said bridge shall
coincide with the improvement of East Palomar Street between Olympic Parkway and the
Village Six Core. In addition, developer(s) responsible for the construction of East Palomar
Street shall:
a. Prior to approval ofthe first final map that triggers the construction of improvements
of East Palomar Street, enter into an agreement to construct said bridge;
b. Further agree to fund half of the cost of constructing the pedestrian bridge and shall
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 ofthe City Engineer to fund Developer(s') fair share of
said bridge. The Applicant shall not object to being included in said development
impact fee program. The developer(s) responsible for construction of East Palomar
shall be solely responsible for the construction of said bridge.
c. The bridge shall be constructed in a location as directed by the Directors of Planning
and Building and Public Works. (Engineering, Planning)
d. As part of the rough grading plan that includes the southerly bridge landing,
Applicant shall submit to for approval by the Director of Public Works and the
Director Buildings and Park Construction, a plan for the connection ofthe 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.
65. 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) detennines 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
account of bridge design, including style, color, lighting, etc., in all cost calculations, said
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bridge design being the same as the bridge connecting Village One to Village Five over La
Media Road.
66. 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 ofthe City Engineer if
the following is accomplished:
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment pennit for installation of the private facilities
within the public right-of-way; and,
11. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
111. Mark out any private facilities owned by the developer whenever work is
perfonned in the area; and,
IV. The tenns of this agreement shall be binding upon the successors and assigns
ofthe developer.
b. Shutoff devices as detennined by the City Engineer are provided at those locations
where private facilities traverse public streets. (Engineering)
67. 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)
68. Prior to issuance of any grading pennit 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 detennine the necessity of providing guardrail improvements at those locations.
Applicant shall construct and secure any required guardrail improvements in conjunction
with the associated construction pennit as detennined by and to the satisfaction ofthe 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)
69. Prior to approval of each final map, Applicant shall agree to install pennanent street name
signs, and shall install such signs prior to the issuance of the first building pennit for
production homes for the applicable final map. (Engineering)
70. Applicant shall construct and secure the installation often pennanent traffic count stations,
subject to the approval of the City Engineer, as indicated below:
Page 16 of 42
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Traffic count station Construct and secure construction prior to approval of
General location
La Media Road (4 count stations) Final map that triggers construction of the applicable section of La Media
Road (2)
Olympic Parkway (4 count stations) (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 detennined by the City
Engineer during processing of the applicable improvement plans. (Engineering)
GRADING AND DRAINAGE
71. The Applicant shall provide drainage improvements in accordance with the Otay Ranch
Village Six SPA Preliminary Regional Drainage Study for Otay Ranch Village Six, dated
July 18,2001, or as otherwise approved Study: Major Drainage Patterns and Facilities, dated
August 28, 2001 and Preliminary Hydrology 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)
72. 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 that the design of the proposed retention/detention basins would reduce the 5-,
10-,25-, 50- and 1 DO-year post-development peak flows, to any natural drainage course to an
amount not exceeding pre-development conditions, to the satisfaction of the City Engineer.
For purposes of this paragraph, "natural drainage course" does not include any portion of
Poggi Canyon which receives drainage runoff trom the Project. (Engineering)
73. Storm drain systems that collect water trom 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 from public street right-of-way,
public park or open space areas is first introduced into the system. Downstream trom 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)
74. 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)
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75. 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)
76. 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)
77. 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)
78. Provide a minimum of6-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 1 0% 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 of6-inch PCC
(reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a heavy
broom finish. (Engineering)
79. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on
the approved tentative map or as otherwise approved by the City Engineer and Director of
Planning and Building. (Engineering)
80. Grant on the appropriate final "B" map a 15 foot minimum drainage and access easement for
public storm drain lines located between residential units unless otherwise directed by the
City Engineer. All other public easements shall meet City standards for required width.
(Engineering)
81. Development of the subdivision shall comply with all applicable regulations established by
the United States Environmental Protection Agency (USEP A) 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 ofChula 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 ofthe N.P.D.E.S. and the Clean Water Program
during and after all phases ofthe 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
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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 ofthe 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)
82. 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)
83. 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 rrom perpendicular to the
contours. (Engineering, Building & Park Construction)
84. 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 rrom and/or running through City Open Space are not routed through private
property. Brow ditches and channels rrom private property shall not be routed through City
open space unless approved by the City Engineer. (Engineering)
85. 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)
86. 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)
87. Provide a minimum of three (3) feet of flat ground access ftom the face of any wall to the
beginning ofthe slope rounding for wall maintenance, unless otherwise approved by the City
Engineer. (Engineering)
88. 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)
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89. Prior to the issuance ofthe 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)
90. 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)
91. 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)
92. 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)
93. Prior to the approval of the first map for the Project, or issuance ofthe first grading permit
for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the
City ofChula Vista, wherein the Applicant agrees to the following:
a. Comply with the requirements of the new Municipal Storm Water Permit (Order No.
2001-0 I) 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, from and against all fines, costs, and expenses arising out of non-
compliance with the requirements ofthe 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 funding
mechanism approved by the City to finance the operation, maintenance, inspection,
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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
right 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
94. 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) iflocated 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)
95. 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 trunk monitoring
program shall include an analysis ofthe 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 ED Us contained in all final map for the Project
submitted to the City pursuant to the limits set forth in the PFFP and the memorandum ftom
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 trom within the Poggi
Canyon gravity basin.
96. 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
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Overview of Sewer Service for the Otay Ranch Company Village Six, dated August 31,
2001. (Engineering)
97. 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)
98. 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
99. The Village Six Project shall satisfy the requirements ofthe 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. The Project's Neighborhood Park portion ofthe
local park requirement shall be satisfied through the provision of a 7.0 net-acre
Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future
Community Park through the payment of fees, dedication ofland, or a combination thereofin
a manner acceptable to the Director Building and Park Construction. Common useable open
space (CUOS) Lots CPF-Ix and R-2bx shall not receive park credit. (Building and Park
Construction)
100. 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)
10 1. 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 ofthe Director Building and Park Construction. (Building and
Park Construction)
102. 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
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provisions of said plan as adopted and as it affects facility and other related requirements for
the Project's parks. (Building and Park Construction)
103. All local parks shall be designed and constructed consistent with the provisions ofthe Chula
Vista Landscape Manual and related Planning and Building Department specifications and
policies.
104. 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 Construction, Applicant shall update the
Proj ect' s Landscape Master Plan to conform to any substantial changes made subsequent to
the initial approval of the Plan. (Building and Park Construction, Planning and Building,
Engineering)
105. 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)
106. 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)
107. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare,
obtain the approval of and secure to the satisfaction ofthe Director of Planning & Building
all landscape, trail and irrigation slope erosion control plans. All plans shall be prepared in
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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 irrigation 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
timeftame 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)
108. Applicant shall install underground utilities to the property line ofthe Project's park site (P-
I) to the satisfaction of the Director Building and Park Construction and the City Engineer
concurrently with the installation of underground 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)
109. Upon request of the Directors Building and Park Construction, Public Works and Recreation,
the applicant shall enter into a Chula Vista standard three party agreement with the City of
Chula Vista and design consultant( s), for the design of all aspects ofthe neighborhood park
(P-I). The Directors Building and Park Construction, Public Works and Recreation shall
have the right to select the design consultant(s), to be funded by the applicant. The cost for
the consultant( s) shall be established and said amount deposited into an account prior to any
work being initiated by the consultant. All design work products shall reflect the then
current requirements ofthe City's Municipal Code, Building and Park Construction, Public
Works and Recreation policies, the City ofChula Vista Landscape Manual requirements, and
other requirements as deemed necessary by the Directors Building and Park Construction,
Public Works and Recreation. (Building and Park Construction)
110. Prior to the issuance of a building permit for the 250'" dwelling unit for the Project, Applicant
shall provide the City with either a letter of credit or a certificate of deposit naming the City
as beneficiary in the sum equal to two-thirds of the full cost of park P-I construction,
pursuant to the PAD Fees in effect at that time. The letter of credit or certificate of deposit
shall be in a form acceptable to the City. The letter of credit or certificate of deposit shall be
released upon applicant's fulfillment of its obligation for the park P-I but may, upon request,
be incrementally reduced in value as park construction progresses in the discretion of the
Director Building and Park Construction. (Building and Park Construction)
III. Prior to approval ofthe first "A" Map for the Project, Applicant shall provide an Irrevocable
Offer of Dedication (lOD) to the City, in a form approved by the City Attorney, for the
project park site identified as (P-l). Park site shall include public access to the satisfaction of
the Director Building and Park Construction. The park net acreage and the park Parkland
Dedication Ordinance (PLDO) credit to be received by the applicant is based on net usable
park acreage as determined solely by Director Building and Park Construction. Upon request
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from the Director Building and Park Construction, Applicant shall provide an all weather
access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at
no cost to the City. (Building and Park Construction)
112. Prior to the Approval of the first "A" Map for the Project, Applicant shall enter into an
agreement with the City wherein Applicant agrees to comply with the following schedule for
commencement of construction and delivery to the City of the project's park (P-I):
a. Prior to issuance of a building permit for the 300th dwelling unit for the Project,
Applicant shall have commenced construction of Project's Park (P-I), to the
satisfaction of the Director Building and Park Construction. Applicant shall
complete construction of the park within nine (9) months of commencement of
construction. The term "complete construction" shall mean park construction has
been completed according to the City approved construction plans and accepted by
the Director Building and Park Construction. Furthermore "complete construction"
shall mean prior to and shall not include the City's established maintenance period
required prior to acceptance by the City for Public use.
b. At any time the Director Building and Park Construction may, at his sole discretion,
modify the neighborhood development phasing and construction sequence for the
Project's park should conditions change to warrant such revision.
c. The Applicant and the City shall mutually agree upon a reimbursement process and
schedule regarding park P-I costs. (Building and Park Construction)
113. Applicant shall rough grade the Project's park site (P-I) at no cost to the City, which costs
shall not be credited toward the PLDO, to conform to the approved Village Six Park Master
Plan to the satisfaction ofthe City Engineer and the Director Building and Park Construction
and at no cost to the City. (Building and Park Construction, Engineering)
114. Except as provided for elsewhere in these conditions, Developer agrees that at no time shall
there be a deficit in "constructed neighborhood park". Developer further agrees that the City
may withhold the issuance of building permits for the Project, should said deficit occur. For
purposes of this paragraph the term "constructed neighborhood park" shall mean the
construction ofthe park has been completed and accepted by the City as being in compliance
with the Village Six Park Master Plan and the City approved construction documents, but
prior to the City's required mandatory maintenance period. This is not intended to supersede
any of the City's maintenance guarantee requirements. (Building and Park Construction)
115. Applicant shall submit grading and/or construction plans for that portion of View Park Way
which borders Park P-I to show that View Park Way meets elevation requirements as
approved by the City Engineer and as generally shown on the School and Park Concept Plan
dated February 23, 2002. Applicant acknowledges that should the Park P-I site fail to
accommodate a 7.0 net usable acre park based on the approved Village Six Park Master Plan,
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then the deficiency shall be provided at a location approved by the Director Building and
Park Construction. Developer shall be responsible for paying one-half (1/2) of all costs of
any walls, precise grading and ramps required by the City to accommodate park
improvements, which costs shall not be credited towards PLDO fees, and all of which shall
be built at no cost to the City of Chula Vista. (Building & Park Construction, Engineering)
TRAILS
116. 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: I) A 6' wide
neighborhood trail connector within a 12' easement from the Orinda Court cul-de-sac in RZa
down to La Media Road. 2) A 6' wide neighborhood trail connector within a 12' easement
ftom the Castaic Place cul-de-sac in R-2b down to Birch Road. 3) A 6' wide neighborhood
trail connector within a 12' easement ftom Mount Bullion Drive in R-5 down to Olympic
Parkway. Final trail design, alignment and construction details, including fencing and
signage, shall be shown on grading plans and shall be subject to approval by the Director
Building & Park Construction and the Director of Planning & Building. (Building and Park
Construction, Planning & Building)
117. 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)
118. 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)
119. 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
unless 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 oflow 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)
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120. 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 ofthe Directors of Public Works and
Planning and Building. (Building and Park Construction, Public Works)
121. 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)
122. Applicant agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as
may be amended ftom time to time, developed for: U.S. Architectural and Transportation
Barriers Compliance Board when designing all trails and trail connections. (Building & Park
Construction)
123. Prior to the issuance of each street construction permit for the Project, the Applicant shall
prepare and secure, to the satisfaction ofthe 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 ftom 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
124. 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 ofthe first
map Along with submission ofthe 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
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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)
125. 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 offuture 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:
1. 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 of: I) turf, 2) irrigated, and 3) non-
irrigated open space to aid in the estimation of a maintenance budget thereof.
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11. Medians and parkways along Olympic Parkway, La Media and Birch Road
(onsite and off site) and all other street parkways proposed for maintenance by
the applicable Community Facilities District or Homeowners' Association.
111. 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)
126. 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)
127. 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:
1. All open space lots that shall remain private,
11. 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 ofthe holders of first mortgages or property owners within the MHOA.
c. The MHOA shall indenmify and hold the City harmless ftom any claims, demands,
causes of action liability or loss related to or arising ftom the maintenance activities
ofthe MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent ofthe City and 100 percent 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
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million dollars combined single limit. The policy shall be acceptable to the City and
name the City as additionally insured to the satisfaction of the 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.
1. 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.
I. 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)
128. 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)
129. Lots CPF-5 and CPF-6 shall be maintained by a maintenance entity as determined by the
Director of Planning and Building based on City Council policy. The facilities in Lots CPF-
5 and CPF-6 to be maintained by a maintenance entity include, but are not limited to:
pavements, sidewalks, street lights including power supply, private drainage facilities and
landscaping of private common areas. Lots CPF-5 and CPF-6, Common Usable Open Space
areas 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:
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a. In either Neighborhoods R-2a or R-2b for CPF-5, which ever occurs earlier; or
b. In either Neighborhoods R-5 or R-9a for CPF-6, whichever occurs earlier.
(Engineering, Building & Park Construction)
130. Lots CPF-5 and CPF-6 shall have a minimum usable area of 0.8 acre each and shall be
maintained by the Master Home Owner's Association and will, therefore, receive CPF credit.
(Engineering, Building & Park Construction)
131. 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)
132. 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)
133. Prior to approval of each Final Map, provide proofto the satisfaction ofthe 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)
134. 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)
135. 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 Irrigation
improvements for maintenance by the CFD, the Reserve Account is less than the
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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 retumed to the Developer in 6 equal monthly
increments over the last six month's ofthe maintenance period if the maintenance is
being accomplished to the satisfaction ofthe Director Building & Park Construction.
(Engineering, Building & Park Construction)
WATER
136. Prior to City acceptance of any open space lots, the Developer shall demonstrate to the
satisfaction of the City Engineer, that the assessmentslbonded 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)
137. 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)
138. Prior to approval of each Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter fTom Otay Water District that Otay Water District is able to
provide sufficient water supply pursuant to Section 66473.7 of the California Govemment
Code, as may be amended from time to time.
EASEMENTS
139. 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)
140. 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 right-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)
141. Grant on the applicable Final Maps sight distance easements to the City ofChula Vista for
comer lots, as required by the City Engineer to keep such areas clear of any obstructions.
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Sight distance easements shall be shown on applicable grading plans, improvement plans,
and final maps, to the satisfaction of the City Engineer. (Engineering)
142. 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 ofthe City Engineer. (Engineering)
143. 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)
144. 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)
145. Storm drain easements shall be private unless the storm drain systems therein are public.
(Engineering)
146. 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 ofthe easements will overlap one another, the City shall have a superior right to
the common portion of the easements. (Engineering)
147. 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)
148. The developer shall notify the City at least 60 days prior to consideration ofthe 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.
Page 33 of 42
rf
__.~____h______._._
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
149. Grant on the final maps minimum 15' wide easements to the CityofChula Vista as required
by the City Engineer for construction and maintenance of sewer facilities. (Engineering)
150. 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)
151. 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)
152. Grant on all applicable final maps, easements along all public streets within the subdivision
as shown on the tentative 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)
153. Grant on the appropriate final map, a 20- foot minimum sewer and access easement for sewer
Jines located between residential units, unless otherwise required by the City Engineer. All
other easements shall meet City standards for required width. (Engineering)
AGREEMENTS/FINANCIAL
154. 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 anyone of the
following occur:
1. Regional development threshold limits set by a Chula Vista transportation
phasing plan, as amended ftom time to time, have been reached or in order to
have the Project comply with the Growth Management Program, as may be
amended ftom time to time.
Page 34 of 42
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11. 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.
111. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to the
satisfaction of 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
Director 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, indenmify and hold harmless the City and its agents, officers and
employees, ftom 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 Councilor any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 ofthe 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 ttanchised 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 ofChula Vista,
conditional access to cable television conduit within the properties situated within the
final map only to those cable television companies franchised by the City ofChula
Vista, the condition of such grant being that:
1. 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
11. Any such cable company is and remains in compliance with, and promises to
remain in compliance with the terms and conditions of the ftanchise and with
all other rules, regulations, ordinances and procedures regulating and
Page 35 of 42
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affecting the operation of cable television companies as same may have been,
or may ftom 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 ftom this project. (Engineering)
155. 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 (CMP).
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)
156. 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)
157. 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)
158. 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
ofthe first map, with the City which states that the Applicant will not protest the formation
Page 36 of 42
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of any potential future regional benefit assessment district formed to finance regional
facilities. (Engineering)
159. The Applicant shall enter into an agreement with the City, prior to approval ofthe first "A"
map, to fund the cost ofChula Vista Transit's 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)
160. Prior to approval ofthe 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 ofthe 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)
161. 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)
162. 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)
163. 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
164. Pursuant to the Village Six Public Facilities Finance Plan, the applicant shall deliver to the
Chula Vista Elementary School District, a I O-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 1,050'" residential building permit (352 students) within
Village Six SPA. The all-weather access road shall also be acceptable to the Fire
Page 37 of 42
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Department. This schedule is subject to modification by the School District as based on
District facility needs. (Planning and Building)
MISCELLANEOUS
165. 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)
166. 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 ofthe City Engineer.
(Engineering)
167. Within thirty (30) days of the City Council approval ofthese 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 );," disks or CD, as an e-mail attachment to the City Engineer or as otherwise
approved by the City Engineer. (Engineering)
168. 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:
Page 38 of 42
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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 ofChula Vista Subdivision Manual requirements therefore. The digital
drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal
on 3 Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved
by the City Engineer. (Engineering)
169. Tie the boundary of the subdivision to the California State Plane Coordinate System (NAD
83, Zone 6). (Engineering)
170. 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: (I) 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)
171. The owners of each Village shall be responsible for retaining a project manager to coordinate
the processing of discretionary permit applications originating ftom the private sector and
submitted to the City ofChula 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 alid architecture. (Planning and Building)
172. 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
Page 39 of 42
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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)
173. Street parkways within the Project shall be 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.
174. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a
wall constructed by a different developer, a transition wall plan shall be submitted to the City
and is subject to the approval ofthe 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.
PHASING
175. Phasing approved with the SPA Plan may be amended subject to approval by the 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)
176. 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 unit of
development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right 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)
177. 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
Page 40 of 42
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improvement requirements to those identified in the PFFP. Compliance with the City of
Chula Vista threshold standards, based on actual development patterns and updated forecasts
in reliance on changing entitlements and market conditions, shall govern Village 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)
178. 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 Proj ect, including
any condominium project, community apartment project, or stock cooperative, as defined in
the applicable sections of the Govemment Code, Developer shall agree to process, and
thereafter process, a subsequent tentative map for said proposed condominium, community
apartment, or stock cooperative project within the Project pursuant to Section 66426 of the
Subdivision Map Act, unless waived in writing by the Director of Planning and Building and
the City Engineer. (Engineering, Planning & Building)
CODE REQUIREMENTS
179. The Applicant shall comply with all applicable sections ofthe 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 ofChula Vista Subdivision Ordinance and Subdivision
Manual. Underground all utilities within the subdivision in accordance with Municipal Code
requirements. (Engineering)
180. 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)
Page 41 of 42
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181. 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)
182. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments"
pursuant to Municipal 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)
183, The Applicant shall comply with Chapter 19.09 ofthe 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)
H:\PLANNING\OtaLRanch\Village _6\V6_TM_Stuft\ORC's_TM\ORC V6 TM Conditions.doc
Page 42 of 42
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Appendix B /1/~C j, yntJAJ.J- Cf
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT 1f1T~
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
- or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
Otay'project, L.P.
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
James F. Baldwin
Al Baldwin
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profrt organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes NoX _
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
James Baldwin Kent Aden
Al ~~lnwin
Kim Kilkennny
Chuck Cater
Ranie Hunter
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which
Councilmember(s):
Date:
(NOTE:ATTACHADD/T/ONALPAGE~SSARy) . V~\J.
c;.---II-f ~Od- . (/tnuO\. 'LJUJ'C::>
Signature of contractor/applicant
Ranie Hunter, Vice President
Print or type name ofcontractor/applicant
* Person is defined as: "Any individual. firm. co-partnership, joint Venture, association. social club. /reaternal organization. corporation.
eSlale, lrusl, receiver, syndicale, Ihis and any olher county, city and country, city municipality, dislricl, or other political subdivision. or 12ny
other group or combination acting as a unit. .. / / S-