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HomeMy WebLinkAboutPlanning Comm Rpts./2002/02/13 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m Wednesday, February 13, 2002 Council Chambers 276 Fourth Avenue, Chula Vista CALL TO ORDER ROLL CALL/MOTIONS 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. PUBLIC HEARING: GPA 02-04; Proposed amendment to the Circulation Element of the City's General Plan to reclassify Main Street, between Interstate 805and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial. City initiated. Project Manager: Duane Bazzel, Principal Planner 2. PUBLIC HEARING: PCS 02-03; Consideration of a Tentative Subdivision Map creating 694 dwelling units on 215.2 acres of Village Six ofOtay Ranch. Project Manager: Rick Rosaler, Principal Planner 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. PLANNING COMMISSION AGENDA STATEMENT Item: I Meeting Date: 2/13/02 ITEM TITLE: Public Hearing: GPA-02-04; Proposed amendment to the Circulation Element of the City's General Plan to reclassify Main Street, between Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial - City Initiated. Resolution: GPA-02-04; Recommending the City Council adopt Negative Declaration IS-02- I 8 and approve the proposed amendment to the Circulation Element of the City's General Plan to reclassify Main Street, between I-80S and Heritage Road, from a 6-lane Major Street to a 6-lane Prime Arterial. The proposed General Plan roadway reclassification of Main Street, between Interstate 805 to Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial is necessary to accommodate anticipated future traffic volumes. No additional right-of-way will be required as a result of this amendment; however, future roadway improvements will be required by the City to adhere to 6-Lane Prime Arterial standards which permit fewer median breaks and requires greater spacing between signalized intersections than the current 6- Lane Major Street standards. The Environmental Review Coordinator has conducted an Initial Study, IS-02- 18 and determined that the proposed project could not have a significant effect on the environment, and a Negative Declaration, IS-02- 18 has been prepared. RECOMMENDATION: That the Planning Commission approve the attached resolution recommending that the City Council adopt Negative Declaration IS-02-18 and approve a proposed amendment to the Circulation Element of the General Plan to reclassify Main Street, between Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial. DISCUSSION: Background Main Street currently exists as a 6-lane roadway from Interstate 805 to Nirvana A venue, and has to-date only been constructed to 5 lanes between Nirvana A venue and Heritage Road, where no businesses or driveways exist. The overall segment of roadway between Interstate 805 and Heritage Road is approximately 1.75 miles in length. Existing cross streets include Oleander A venue, Maxwell Drive, Brandywine A venue and Nirvana Drive. Existing land uses adjacent to Main Street include light industrial warehouses and vacant industrially zoned land on the north Page 2, Item Meeting Date: 2/13/02 side, and a service station, telephone utility office, the Chula Vista Auto Park (Phase I), open space and vacant developable property on the south side. Proposed General Plan Amendment Recent traffic models have projected build-out traffic counts of over 50,000 ADT (Average Daily Trips) for Main Street, thereby necessitating a roadway reclassification to meet future capacity needs. The proposal is an amendment to the Circulation Element of the City of Chula Vista General Plan to reclassify Main Street, between I-80S and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial (see Exhibit B & C of attached Draft Council Resolution). Amendments to the Land Use Diagram (Fig. 1-2 of the General Plan) and Elements of the General Plan, including the Land Use Element, are not required for the proposed reclassification. The proposed reclassification is fully consistent and correlated with the Land Use Element, pursuant to State Government Code 9 65302(b). The following text amendments are proposed to the adopted Circulation Element. Proposed General Plan Amendment Text Modifications General Plan Element / Page Number Text Modifications (strike and underlined modifications representing deletions and additions, respectfully, for only those roadway segments to be modified) Circulation Element; Page 2-20 The following represents only those bullets that are proposed for modification: "The general plan includes the following routes classified as six-lane prime arterials: . Main Street from Interstate 805 to Heritage Road in Eastern Territories." Circulation Element; Page 2-22 The following represents only those bullets that are proposed for modification: "The general plan includes the following routes classified as six-lane major streets: . Main Street from Heritage Road laterntate 805 to Rock Mountain Road in Eastern Territories." The following describes the existing and proposed General Plan classification standards contained in the Circulation Element for Main Street. Page 3, Item Meeting Date: 2/13/02 6-Lane Major Streets (existing classification) - 6-Lane Major Streets are primarily designed to distribute localized trips and can accOlmnodate approximately 40,000 Average Daily Trips (ADT) at Level of Service (LOS) C. Typically, major signalized intersections are spaced no closer than one-quarter mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial corridor. Access to and from abutting properties is typically controlled, but not restricted. Full access median openings are permitted on these facilities only at locations specified by the City Engineer and under conditions established by the City. Parking on these facilities is typically allowed. If bike lanes are provided on either side of these facilities and parking is to be retained, an additional to-feet of right-of-way will be required to allow for a to-foot widening of the roadway cross section. Right-of-way necessary for a 6-Lane Major Street is 128-feet. 6- Lane Prime Arterial (proposed classification) - 6-Lane Prime Arterials are designed to move traffic between major generators and can accommodate approximately 50,000 ADT at LOS C. Typically; major signalized intersections are spaced no closer than one-half mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial cOrridor. Access to and from Prime Arterials from abutting properties is typically restricted. Should a property have frontage only on the Prime Arterial Facility, driveway access is limited to right turns in and right turns out at locations deemed appropriate by the City Engineer. These access driveways may require additional roadway width to provide for acceleration and deceleration lanes. Prime Arterials also provide landscaped buffer areas. Parking on this facility is prohibited with the exception of emergency parking. Bike lanes are provided according to the routes identified in the bicycle plan. Right-of-way necessary for a 6-Lane Prime Arterial is 128-feet. Analvsis The proposed reclassification would accommodate future traffic volumes on this roadway segment at full build out of existing General Plan land uses by maintaining the current characteristics ofthe roadway. The reclassification would not result in any physical changes to the existing roadway, except for future median break spacing. The reclassification does not result in the need for any additional right-of-way. As a 6-Lane Major Street or a 6-Lane Prime Arterial, the roadway segment is already built to its ultimate width within 128 feet of right-of-way with development having occurred on both sides. A review of current conditions along this portion of Main Street indicates that existing features of the roadway, including signal locations/spacing, median break locations/spacing and prohibited street parking already match those characteristics of a 6-Lane Prime Arterial, with the exception of the interim 5-lane portion east of Nirvana A venue where no business or driveways exist. The Page 4, Item Meeting Date: 2/13/02 requested reclassification would grant the City Engineer the authority to prohibit future on-street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway. The 6-Lane Prime Arterial reclassification and adherence to classification standards will enable Main Street to carryover 50,000 ADT and meet future needs. General Plan/Zoning Consistency The reclassification of this segment of Main Street to a 6- Lane Prime Arterial is not anticipated to result in any changes to existing General Plan land use classifications, or conflict with other General Plan policies or zoning regulations. As a result, the proposed amendment is considered consistent with the City's General Plan and Zoning Ordinance. Future projects or development proposals will require separate analyses to determine consistency with General Plan policies and zoning/redevelopment area standards. Conclusion The proposed reclassification of Main Street to a 6- Lane Prime Arterial will provide the City Engineer the ability to maximize the roadway capacity of this important circulation link in southern Chula Vista while permitting eventual build-out of the City's General Plan land uses as plarmed. Attachments: Attachment 1 - Locator Attachment 2 - Negative Declaration IS-02-18 Attachment 3 - Draft Planning Commission Resolution Attachment 4 - Draft City Council Resolution (J:\Planning\DUANE\Main Street GPA\MAIN STREET GPA.PCrpt.doc) MAIN STREET ~ PROJECT LOCATION CITY OF CHULA VISTA CITY OF SAN DIEGO C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CITY OF CHULA VISTA GENERAL PLAN AMENDMENT PROJECT 276 FOURTH AVENUE Request: Proposal for an amendment to the Circulation Element ADDRESS: of the General Plan to change the Main Street roadway SCALE: FILE NUMBER: classification from a 6-Lane Major Street to a 6-Lane Prime Arterial between 1-805 Freeway and Heritage Road. NORTH No Scale GPA-02-04 Related Case: 15-02-018. c:\cfmisc\GPA0204.cdr 10/30/01 I Negative Declaration 4fT A-ct+M e:- 4' PROJECT NAME: Main Street General Plan Amendment PROJECT LOCATION: Main Street, between I-80S & Heritage Road PROJECT APPLICANT: City ofChula Vista CASE NO.: IS-02-18 DATE: December 20,2001 A. Project Setting The project setting consists of an existing roadway segment of Main Street between I-80S and Heritage Road (Figure I). The project site is located in the Otay Valley Redevelopment (OVR) Area created in 1983. The OVR covers approximately 771 acres of light industrial, commercial and entertainment uses. The street right of way is located in a fully urbanized area in the southeast portion of the City within proximity to the City limit boundary with the City of San Diego, Existing conditions along Main Street include primarily light industrial warehousing and business park uses on the north side, with auto park, service station and vacant properties on the south side. Residential properties are located along Main street immediately east of I-80S off of Brandywine A venue. Existing cross streets include Oleander Avenue, less than a Y. mile east of Oleander Avenue; Maxwell Drive, approximately Y. mile east of Brandywine Avenue; and Nirvana Way, approximately 1/8 mile east of Maxwell Drive (See attached figure). B. Project Description The proposed project is an amendment to the Circulation Element of the City ofChula Vista General Plan to reclassify Main Street, from I-80S to Heritage Road from a 6-Lane Major Street to a 6-Lane Prime Arterial. The subject segment of Main Street is approximately1.75 miles in length. Six-Lane Major Streets are primarily designed to distribute localized trips and can accommodate up to approximately 40,000 Average Daily Trips (ADT) at LOS C. Typically, major signalized intersections are spaced no closer than one-quarter mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial corridor. Access to and from abutting properties is typically controlled, but not restricted. Full access median openings are permitted on these facilities only at locations specified by the City Engineer and under conditions established by the City. Parking on these facilities is typically allowed. If bike lanes are provided on either side of these facilities and parking is to be retained, an additional lO-feet of right-of-way will be required to allow for a la-foot widening of the roadway cross section. Right-of-way necessary for a 6-Lane Major Street is 128-feet. J:\Planning\EDALlA \IScheck]ist\IS~02-18 Main Street GPA NegDec2.doc cl- I Six-Lane Prime Arterials are designed to move traffic between major generators and can accommodate up to approximately 50,000 ADT at LOS C. Typically, major signalized intersections are spaced at one-half mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial corridor. Access to and from Prime Arterials from abutting properties is typically restricted. Should a property have frontage only on the Prime Arterial Facility, driveway access is limited to right turns in and right turns in and right turns out at locations deemed appropriate by the City Engineer. These access driveways may require additional roadway width to provide for acceleration and deceleration lanes. Prime Arterials also provide landscaped buffer areas. Parking on this facility is prohibited with the exception of emergency parking. Bike lanes are provided according to the routes identified in the bicycle plan. Right-of-way necessary for a 6-Lane Major Street is 128-feet. The proposed reclassification would accommodate future traffic volumes on this roadway segment at full build out of existing General Plan land uses by maintaining the current characteristics of the roadway. The reclassification would not result in any physical changes to the environment or in any land use changes. The change in classification does not result in the need for any additional right-of-way. As a 6-Lane Major Street or a 6-Lane Prime Arterial, the roadway segment is already built to its ultimate width within 128 feet of right- of-way with development on both sides. A review of current conditions along this portion of Main Street indicates that existing features of the roadway, including signal locations/spacing, median break locations/spacing and prohibited street parking already match those characteristics of a 6-Lane Prime Arterial. The requested change in classification would grant the City Engineer the authority to prohibit on-street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway. As a 6-Lane Prime Arterial, Main Street would accommodate up to 59,000 Average Daily Trips (ADT) at build out, which is consistent with the City's General Plan. C. Compliance with Zoning and Plans The project involves an amendment to the Circulation Element of the General Plan to reclassifY a segment of Main Street from a 6-Lane Major to a 6-Lane Prime from 1-805 to Heritage Road. The proposal does not include a specific development proposal; therefore, it is consistent with General Plan and the surrounding commercial and limited industrial land uses. Specific development proposals within this amendment area would be subject to separate environmental review. D. Public Comments On November 5, 2001 a Notice of Initial Study was circulated to property owners within 500-foot radius of the proposed project site. The public comment period ended November 15,2001. No comments were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project will not have a significant 2 J:\PJanning\EDALlA \ISchecklist\JS-02-18 Main Street GPA NegDec2.doc 3 environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. F. Mitigation Necessary to Avoid Significant Impacts N/A G. Consultation 1. City ofChula Vista: Edalia Olivo-Gomez, Environmental Planning Duane Bazzel, Advance Planning Patricia Beard, Community Planning Alex AI-Agha, Engineering John Schmitz, Development Planning Frank Rivera, Engineering Silvester Evetovich, Engineering Richard Preuss, Police Dave Kaplan, Engineering Mark Stephens, Advance Planning Bill Ulrich, Public Works/Ops Jim Geering, Fire Marshall Joel Chew, Public Works/ Ops Carolyn Dakan, Building Division Mary Hoffinockel, Parks and Recreation Ralph Leyva, Engineering Department Applicant's Agent: City of Chula Vista 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code, September 1997 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: Marilyn R. F. Ponseggi Environmental Review Coordinator J:\Planning\EDALlA \IScheck1ist\IS-02-18 Main Street orA NegDec2.doc Lf 3 :IE t; o tr PROJECT lOCATION CITY OF CHULA VISTA CITY OF SAN DIEGO CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: CITY OF CHULA VISTA GENERAL PLAN AMENDMENT PROJECT 276 FOURTH AVENUE Request: Proposal for an amendment to the Circulation Element ADDRESS: of the General Plan to change the Main Street roadway SCALE: FILE NUMBER: classification from a 6-Lane Major Street to a 6-Lane Prime Arterial between 1-805 Freeway and Heritage Road. NORTH No Scale GPA-02-04 Related Case: 18-02-01 B. h :\home\planning\locators\GPA0204.cdr 10/30/01 ~ Case No.IS-02-018 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: Same as Above 4. Name of Proposal: Main Street Circulation Element Amendment s. Date of Checklist: December 20, 2001 Potentially Significant Impact PotentiaUy SignifICant Unless Mitigated Less than Significant Impact No Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o ~ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? o o o ~ o o o ~ o o o ~ Comments: The proposed project is an amendment to the Circulation Element of the City of Chula Vista General Plan to reclassify Main Street, from I-80S to Heritage Road from a 6- Lane Major Street to a 6-Lane Prime Arterial. The subject segment of Main Street is approximatelyl.75 miles in length. The proposed reclassification would accommodate future traffic volumes on this roadway segment at full build out of existing General Plan land uses by maintaining the current characteristics of the roadway. The reclassification would not result in any physical changes to the environment or in any land use changes. The change in classification does not result in the need for any additional right-of-way. As a 6-Lane Major Street or a 6-Lane Prime Arterial, the roadway segment is already built to its ultimate width within 128 feet of right-of-way with development on both sides. Page ~ 1 Co A review of current conditions along this portion of Main street indicates that existing features of the roadway, including signal locations/spacing, median break locations/spacing and prohibited street parking already match those characteristics of a 6- Lane Prime Arterial. The requested change in classification would grant the City Engineer the authority to prohibit on- street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway. As a 6-Lane Prime Arterial, Main Street would accommodate up to 59,000 Average Daily Trips (ADT) at build out, which is consistent with the City's General Plan. Therefore, no significant impacts to land use plans and environmental plans or policies would result. c) Displace existing housing, especially affordable housing? Comments: The proposed project is the reclassification of an existing roadway that does not result in additional population. The proposed reclassification of Main Street to a 6-Lane Prime Arterial does not induce substantial growth. As a 6-Lane Prime Arterial, Main Street would accommodate up to 50,000 Average Daily Trips (ADT) at build out at Level of Service (LOS) C, which is consistent with the City's General Plan. Main Street is already built to the ultimate right-of-way width of either a 6-Lane Major Street or a 6-Lane Prime Arterial and therefore does not result in the extension of major infrastructure or the displacement of existing housing. Mitigation Measures: No mitigation required. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? Potentially Potentially Significant Less than Significant Unless Signiflcant No Impact Mitigated Impact Impact 0 0 0 ~ 0 0 0 ~ o o o ~ Mitigation Measures: No mitigation required. Potentially III. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than Significant Unless Significant No expose people to potential impacts involving: Impact Mitigated Impact Impact a) Unstable earth conditions or changes in 0 0 0 ,. geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 ~ overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 ~ features? d) The destruction, covering or modification of 0 0 0 ,. any unique geologic or physical features? 0 0 0 ,. Page - 2 7 e) Any increase in wind or water erosion of soils, either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 IJI 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 0 0 0 IJI hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any geophysical changes. Mitigation Measures: No mitigation required. Potentially Potentially Significant Less than IV. WATER. Would the proposal result in: Signitkant Unless Significant No Impact Mitigated Impact Impact a) Changes in absorption rates, drainage patterns, 0 0 0 IJI or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 IJI related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 IJI alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 IJI water body? e) Changes in currents, or the course of direction 0 0 0 IJI of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 IJI through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 IJI groundwater? h) Impacts to groundwater quality? 0 0 0 III i) Alterations to the course or flow of flood 0 0 0 III waters? j) Substantial reduction in the amount of water 0 0 0 IJI otherwise available for public water supplies? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any changes in absorption rates, drainage patterns, groundwater quality, or public water supply. Page - 3 ~ 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: The proposed road reclassification would result in improved roadway conditions by increasing the flow of traffic (limiting start/stop traffic), prohibiting on-street parking, and by limiting the placement of access points along Main Street. The resulting improvements in roadway conditions would therefore result in less stationary sources of emissions or the deterioration of ambient air quality. Mitigation Measnres: No mitigation required. V. AIR QUALITY. Would the proposal: Mitigation Measures: No mitigation required. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? t) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Page - 4 Potentially Potentially Significant Less than Significant Un"" Significant No Impact Mitigated Impact Impact 0 0 181 0 0 0 0 181 0 0 0 181 o o 181 o o 181 o o Potentially Potentially SignulCBnt Less than Signif"acant Unless Significant No Impact Mitigated 1m.." Impact 0 0 181 0 0 0 0 181 0 0 0 181 0 0 181 0 0 0 0 181 0 0 0 181 o 181 o o o o 181 o q- Comments: The proposed proj ect is an amendment to the Circulation Element of the City of Chula Vista General Plan to reclassify Main Street, from 1-805 to Heritage Road from a 6- Lane Major Street to a 6-Lane Prime Arterial. The subject segment of Main Street is approximatelyl.75 miles in length. Six-Lane Major Streets are primarily designed to distribute localized trips and can accommodate up to approximately 40,000 Average Daily Trips (ADT) at LOS C. Typically, major signalized intersections are spaced no closer than one-quarter mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial corridor. Access to and from abutting properties is typically controlled, but not restricted. Full access median openings are permitted on these facilities only at locations specified by the City Engineer and under conditions established by the City. Parking on these facilities is typically allowed. If bike lanes are provided on either side of these facilities and parking is to be retained, an additional lO-feet of right-of-way will be required to allow for a I a-foot widening of the roadway cross section. Right-of-way necessary for a 6-Lane Major Street is 128-feet. Six-Lane Prime Arterials are designed to move traffic between major generators and can accommodate up to approximately 50,000 ADT at LOS C. Typically, major signalized intersections are spaced at one-half mile intervals. A raised median is required to separate the two directions of travel and to improve the visual appearance ofthe arterial corridor. Access to and from Prime Arterials from abutting properties is typically restricted. Should a property have frontage only on the Prime Arterial Facility, driveway access is limited to right turns in and right turns in and right turns out at locations deemed appropriate by the City Engineer. These access driveways may require additional roadway width to provide for acceleration and deceleration lanes. Prime Arterials also provide landscaped buffer areas. Parking on this facility is prohibited with the exception of emergency parking. Bike lanes are provided according to the routes identified in the bicycle plan. Right-of-way necessary for a 6-Lane Major Street is 128- feet. The proposed reclassification would accommodate future traffic volumes on this roadway segment at full build out of existing General Plan land uses by maintaining the current characteristics of the roadway. The reclassification would not result in any physical changes to the environment or in any land use changes. The change in classification does not result in the need for any additional right-of-way. As a 6-Lane Major Street or a 6-Lane Prime Arterial, the roadway segment is already built to its ultimate width within 128 feet of right-of-way with development on both sides. A review of current conditions along this portion of Main Street indicates that existing features of the roadway, including signal locations/spacing, median break locations/spacing and prohibited street parking already match those characteristics of a 6-Lane Prime Arterial. The requested change in classification would grant the City Engineer the authority to prohibit on- street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway. As a 6-Lane Prime Arterial, Main Street would accommodate up to 59,000 Average Daily Trips (ADT) at build out, which is consistent with the City's General Plan. Page-510 Mitigation Measnres: No mitigation required. Potentially VII. BIOLOGICAL RESOURCES. Would the Potentially Significant ,-""o.. Significant Unl~ Significant No proposal result in impacts to: Impact Mitigated Impact Impact a) Endangered, sensitive species, species of 0 0 0 181 concern or species that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 181 trees)? c) Locally designated natural communities (e.g., 0 0 0 181 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 181 vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 181 I) Affect regional habitat preservation planning 0 0 0 181 efforts? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to biological resources. Mitigation Measures: No mitigation required. Potentially Potentially Significant Less than VIII. ENERGY AND MINERAL RESOURCES. Slgniflcant Unless Significant No Would the proposal: Impact Mitigated Impact Impact a) Conflict with adopted energy conservation 0 0 0 181 plans? b) Use non-renewable resources in a wasteful and 0 0 0 181 inefficient manner? c) If the site is designated for mineral resource 0 0 0 181 protection, will this project impact this protection? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any conflicts with adopted energy conservation plans or inefficient use of non-renewable resources. The site is an existing street and is not designated for mineral resource protection. Mitigation Measures: No mitigation required. a) A risk of accidental explosion or release of hazardous substances (including, but not Potentially PotentiaUy Significant ,-""o.. Significant Unl~ Significant Impact Mitigated Impact 0 0 0 No Impact IX. HAZARDS. Would the proposal involve: 181 Page - 6 II limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 iii response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 iii health hazard? d) Exposure of people to existing sources of 0 0 0 iii potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 iii brush, grass, or trees? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any risks to humans or possible interference with any emergency response or evacuation plan. Mitigation Measures: No mitigation required. a) Increases in existing noise levels? Potentially PotentiaUy Significant Less than Significant Unless Significant No Impact Mitigated Im.." ID1pact 0 0 iii 0 0 0 0 iii X. NOISE. Would the proposal result in: b) Exposure of people to severe noise levels? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any noise impacts. Mitigation Measures: No mitigation required. XI. 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: PotentiaUy Significant Impact Potentially Significant Unless Mitigated Less than Significant Im.." No Impact a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? 0 0 0 iii 0 0 0 iii 0 0 0 iii 0 0 0 iii 0 0 0 iii e) Other governmental services? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to public services. Mitigation Measures: No mitigation required. Potentially Signincant Potentially Significant Unless Less tban Significant No Page-7 12 Impact Mitigated Impact Impart XII. Thresholds. Will the proposal adversely impact the City' s Threshold Standards? As described below, the proposed project does not adversely impact any of the City's Threshold Standards. o o o EiII Potentially Potentially Significant Less than Significant Un!... Signilkant No Impact Mitigated Impact Impact a) Fire/EMS 0 0 0 EiII The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has determined that this threshold standard will be met because fire services would be provided in accord with the Otay Ranch Fire Master Plan and EMS Master Plan. Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to fire services. Mitigation Measures: No mitigation required. PotentiaUy Potentially Significant Less Ihan Significanl U..... Significant No Impact Mitigated Impact Impact b) Police 0 0 0 EiII The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% 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 proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to police services. Mitigation Measures: No mitigation required. Potentially PotentLaUy Signincanl Less than Significant U..... Signirtcant No Impact Mitigated Impact Impact C) Traffic 0 0 EiII 0 I. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "D" can occur for no more than any two hours of the day. 2. West of 1-805: Those signalized intersections which do not meet the standard above may continue to operate at their current 1991 LOS, but shall not worsen. Comments: The 200012001 Traffic Monitoring Program (TMP) showed this segment of Main Street operating at LOS A. The proposed reclassification of Main Street from a 6- Lane Major Street to a 6- Page - S ) '3 Lane Prime Arterial would result in an improved level of Service (LOS) because intersections would be spaced further apart, street parking would be prohibited, median openings would be limited and access to abutting properties would be restricted. Mitigation Measures: No mitigation required. Potentially Potentially Significant Less than Significant Unless Significant No Impaet Mitigated Impact Impact d) Parks/Recreation 0 0 0 iii The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east of Interstate 805. Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in the demand for additional park and recreational facilities. Mitigation Measures: No mitigation required. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact e) Drainage 0 0 0 iii The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to storm water flows and volumes. Mitigation Measures: No mitigation required. PotentiaUy Potentially Significant Lesslhan Significant Uol~ Signiftcant No Impact Mitigated Impact Impact t) Sewer 0 0 0 iii 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. Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to sewage flows and volumes. Mitigation Measures: No mitigation required. Page - 9 I '+ Potentially Potentially Significant Less than Significant U....u Si&nificant No Impact Mitigated Impact Impact g) Water 0 0 0 iii 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. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to the storage, treatment, and transmission of water. Mitigation Measures: No mitigation required. Potentially XIII. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant Less than Significant Unless SigDificant No the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities.- a) Power or natural gas? 0 0 0 iii b) Communications systems? 0 0 0 iii c) Local or regional water treatment or 0 0 0 iii distribution facilities? d) Sewer or septic tanks? 0 0 0 iii e) Storm water drainage? 0 0 0 iii t) Solid waste disposal? 0 0 0 iii Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to utilities and service systems. Mitigation Measures: No mitigation required. PotentiaUy Potentially SigniftC8nt Lessthau Significant Un"'" Significant No XIV. AESTHETICS. Would the proposal: Impact Mitigated Impacl Impact a) Obstruct any scenic vista or view open to the 0 0 0 iii 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 0 0 0 iii scenic route? Page -10 1<:; c) Have a demonstrable negative aesthetic effect? 0 0 0 iii d) Create added light or glare sources that could 0 0 0 iii 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? 0 0 0 iii Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any aesthetic impacts. Mitigation Measures: No mitigation required. PotentiaHy XV. CULTURAL RESOURCES. Would the Potentially SilPlificant Lesstbao Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Will the proposal result in the alteration of or 0 0 0 iii the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 iii aesthetic effects to a prehistoric or historic building. structure or object? c) Does the proposal have the potential to cause a 0 0 0 iii physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 iii sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 iii EIR as an area of high potential for archeological resources? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to cultural resources. Mitigation Measures: No mitigation required. Potentially Significant Impact Potentially Significant U....u Mitigated Less than Significant Impact No Impact XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: The proposed project is the reclassification of an existing roadway that does not include any o o o iii Page - 11 Ilto new construction or physical changes and therefore does not result in any impacts to paleontological resources. Mitigation Measures: No mitigation required. Potentially XVII. RECREATION. Would the proposal: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Increase the demand for neighborhood or 0 0 0 iii regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 iii c) Interfere with recreation parks & recreation 0 0 0 iii plans or programs? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to recreational facilities or opportunities. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for 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? Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction or physical changes and therefore does not result in any impacts to biological resources. Mitigation Measures: No mitigation required. Mitigation Measures: No mitigation required. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Page - 12 PotentiaUy Significant Impact Potentially Sigoif"lcant Unless Mitigated No Impact Less than Significant Impact o o iii o Potentially Significant Impact Potentially Significant Unless Mitigated No Iwpact l..esstban Significant Impatt o o iii o )7 Comments: The proposed project is the reclassification of an existing roadway that does not include any new construction. The reclassification would accommodate future traffic volumes based on current General Plan designations. Therefore the proposed reclassification does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. Mitigation Measures: No mitigation required. PotentiaUy Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively 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.) o o o iii Comments: The proposed project is the reclassification of an existing roadway that does not include any development or changes to surrounding land uses. As such. the proposed project does not have any impacts that are individually limited. but cumulatively considerable. Mitigation Measures: No mitigation required. Potentially Significant Impact Potentially Significant Uol~ Mitigated Less than Significant Impact No Impact d) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed project is the reclassification of an existing roadway that does not include any development activity, changes in land use or physical changes to the environment and therefore will not cause adverse effects on human beings. o o o iii Mitigation Measures: No mitigation required. Page-13 I 'g' XIX. PROJECT REVISIONS OR MITIGATION MEASURES: N/A 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 will implement same to the satisfaction of the Environmental Review Coordinat0f. Failure to sign the line(s) provided below prior to adoption of the Addendum shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. Printed Name and Title of Property Owner (or authorized representative) Date Signature of Property Owner Printed Name and Title of Operator (if different from Property Owner) Date Signature of Operator (if different from Property Owner) XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. D Land Use and Planning D Transportation/Circulation D Public Services D Population and Housing D Biological Resources D Utilities and Service Systems D Geophysical D Energy and Mineral Resources D Aesthetics D Water D Hazards D Cultural Resources D Air Quality D Noise D Recreation D Paleontological D Mandatory Findings of Significance Resources Page - 14 I. '1 XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, . and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, D there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARA nON will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an D ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y have a significant effect(s) on the environment, but at D least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, D there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. 0~V~K Marilyn .F. Ponseggi \ Environmental Review Coordinator / o? /...:>6:0 ) / ate Page-IS ~o RESOLUTION NO. GPA-02-04 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT NEGATIVE DECLARATION IS-02-18 AND APPROVE AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE CITY'S GENERAL PLAN TO RECLASSIFY MAIN STREET, BETWEEN INTERSTATE 805 AND HERITAGE ROAD, FROM A 6-LANE MAJOR STREET TO A 6- LANE PRIME ARTERIAL WHEREAS, the City of Chula Vista adopted General Plan Circulation Element ("Circulation Element") provides a roadway classification for a 6-Lane Maj or Street and 6- Lane Primer Arterial; and, WHEREAS, the Circulation Element presently designates Main Street, between Interstate 805 and Heritage Road, as a 6-Lane Major Street; and, WHEREAS, prior to or at General Plan build out, anticipated traffic counts on Main Street, between Interstate 805 and Heritage Road, will exceed the maximum capacity for a 6-Lane Major Street, as defined in the Circulation Element; and, 'NHEREAS, reclassifying the subject segment of Main Street from a 6-Lane Major Street to a 6-Lane Prime Arterial would grant the City Engineer the authority to prohibit future on-street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway; and, WHEREAs, reclassifying the subject segment of Main Street from a 6-Lane Major Street to a 6-Lane Prime Arterial will provide additional roadway capacity necessary to achieve build out of the City's General Plan land uses; and, WHEREAS, the proposed reclassification is fully consistent and correlated with the Land Use Element, pursuant to State Government Code 9 65302(b); and, WHEREAS, the in accordance with the requirements of CEQA, the Environmental Review Coordinator determined that the Project required the preparation of an Initial Study. Such study was prepared by the City of Chula Vista, and based on such study, a Negative Declaration was prepared and circulated for public review; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely February 13,2002, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION hereby adopts Negative Declaration IS-02-18 and recommends that the City Council adopt a resolution that adopts Negative Declaration IS-02-18 and amends the Circulation of the General Plan reclassifYing Main Street, between Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial; and BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13rd day of February, 2002, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neil, Chairman Diana Vargas Secretary to Planning Commission H)PLANNING/DUANE/MAIN STREET GPA.PCRES.DOC RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-02-18 AND AMENDING THE CIRCULATION ELEMENT OF THE CITY'S GENERAL PLAN TO RECLASSIFY MAIN STREET, BETWEEN INTERSTATE 805 AND HERITAGE ROAD, FROM A 6-LANE MAJOR STREET TO A 6-LANE PRIME ARTERIAL WHEREAS, the City of Chula Vista's adopted General Plan Circulation Element ("Circulation Element") provides a roadway classification for a 6-Lane Major Street and 6-Lane Primer Arterial; and, WHEREAS, the Circulation Element presently designates Main Street, between Interstate 805 and Heritage Road, as a 6-Lane Major Street; and, WHEREAS, prior to or at General Plan build out, anticipated traffic counts on Main Street, between Interstate 805 and Heritage Road, will exceed the maximum capacity for a 6- Lane Major Street, as defined in the Circulation Element; and, WHEREAS, reclassifying the subject segment of Main Street from a 6-Lane Major Street to a 6-Lane Prime Arterial would grant the City Engineer the authority to prohibit future on- street parking, limit and specify median access and signal locations, and restrict the location and spacing of full access signalized intersections, thereby maintaining the current characteristics of the existing roadway; and, WHEREAS, reclassifying the subject segment of Main Street from a 6-Lane Major Street to a 6-Lane Prime Arterial will provide additional roadway capacity necessary to achieve build out of the City's General P1an land uses; and, WHEREAS, the proposed reclassification is fully consistent and correlated with the Land Use Element, pursuant to State Government Code 9 65302(b). WHEREAS, that in accordance with the requirements of CEQA, the Environmental Review Coordinator determined that the Project required the preparation of an Initial Study. Such study was prepared by the City of Chula Vista, and based on such study, a Negative Declaration was prepared and circulated for public review; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby adopt Negative Declaration IS-02-18 and amend the Circulation Element of the City's General Plan to reclassify Main Street, between Interstate 805 and Heritage Road, from a 6-Lane Major Street to a 6-Lane Prime Arterial, in accordance with the attached Exhibits "A" through "C". d-.3 Presented by: Approved as to form: Robert A. Leiter Director of Planning and Building John M. Kaheny City Attorney H:IPLANNINGIDUANEICQUNCIL ITEMSIMain Street GPA CC Res.doc d-.Y-- General Plan Element / Page Nnmber Circulation Element; Page 2-20 Circulation Element; Page 2-22 EXHIBIT A Proposed General Plan Amendment Text Modifications Text Modifications (strike and underlined modifications representing deletions and additions, respectfully, for only those roadway segments to be modified) The following represents only those bullets that are proposed for modification: "The general plan includes the following routes classified as six-lane prime arterials: . Main Street trom Interstate 805 to Heritage Road in Eastern Territories." The following represents only those bullets that are proposed for modification: "The general plan includes the following routes classified as six-lane major streets: . Main Street trom Heritage Road IRtorstato gQ5 to Rock Mountain Road in Eastern Territories." d-,':) PROJECT LOCATION CITY OF CHULA VISTA CITY OF SAN DIEGO C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CITY OF CHULA VISTA GENERAL PLAN AMENDMENT PROJECT 276 FOURTH AVENUE Request: Proposal for an amendment to the Circulation Element ADDRESS: of the General Plan to change the Main Street roadway SCALE: FILE NUMBER: classification from a 6-Lane Major Street to a 6-Lane Prime Arterial between 1-805 Freeway and Heritage Road. NORTH No Scale GPA-02-04 Related Case: IS-02-o18. c:\cfmisc\GPA0204.cdr 10/30/01 ~\o '" Q) a ~ c .... .... 0 ca o .9 1:) .c U ~ ~ ~ ~ "0 S "0 "0 u C u u >- In -;; -;; ~ Cl)f/)U)Q) ..!! ..!! ..!! E u u U L1. [SJ[SJ[SJG - _ en en ~ ~ 0 "ii .2. "CiS "i:: ca ::::E Q):::;: Q) >. Q)"t:::: Q) c: 01 c<( C 01 ;;:: OIQ) 01 ..../ Q) ...J E...J 5 C E.~"i: >< 0 Z L1. eno.. en L1. ~[SJ~Q[SJ 't\~~iY" , ... ~ :e Q ~ =e 'II( 5) U) o Q. o If: ) I~I._'; I ,""--' I -' - -- .-' I ''''', ("'-., ,~'. 1 ." '-._,-_. "-"I ", L. \ '._---,. , A \.; I I I I I / / J f-.! , :__,__.1 '''''1 ~: ~I ~: Ii! ~i ~: I C" f._i :-.., L,,_: !,^- , i"' L,.' .'" \, .J .1 .,J'-- EXHIBIT C <( N NZ !!!<( =>..../ a 0.. i.Lz zO <(- ..../< 0....../ ..../=> ~~ w- zu w CI -, \ PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 02/13/02 ~ ITEM TITLE: Public Hearing: PCS 02-03; Consideration of a Tentative Subdivision Map creating 694 dwelling units on 215.2 acres of Village Six of Otay Ranch. Applicant: McMillin Otay Ranch Participant: Catholic Diocese McMillin Otay Ranch has applied for approval of a tentative subdivision map to subdivide approximately 215.2 acres of a portion of Village Six in the Otay Ranch. The tentative map proposes subdividing McMillin's portion of Village Six into 482 single-family lots on 114.7 acres, 212 multi-family units on a 12.1- acre site, a 32.5-acre private high school site and an 11.5-acre community purpose facility (CPF) site. The Catholic Diocese of San Diego owns the private high school and CPF site and is a participant in the tentative map. The tentative map also includes a l4.9-acre potential borrowlimport site. The conceptual tentative map for the project was considered and evaluated in the Final Second Tier Environmental Impact Report (Final EIR 98-01) for the Village Six SPA Plan and Conceptual Tentative Maps. The Environmental Review Coordinator has reviewed the proposed Tentative Subdivision Map, PCS-02-03, and determined that the project would not result in any new environmental impacts that were not previously identified in Final EIR 98-0 I, nor would the project result in a substantial increase in the severity of any environmental effects previously identified in Final EIR 98-01. RECOMMENDATION: That the Planning Commission adopt attached Resolution No. PCS-02-03 recommending that the City Council approve Tentative Subdivision Map C.V.T. 02-03 in accordance with the findings 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. 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. Page 2, Item: Meeting Date: 02113/02 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 and open space are also listed land uses and are all consistent with the land use designations for the Otay Ranch GDP. 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 II.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 units/acre up to 14.9 units/acre including small lot single-family, alley, duplex, townhouse and stacked flats product types. 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 pennitted above or connected to the commercial uses. OS/PI Open Spacc/Park One: District which permits developed or usable open space and park uses, and may include naturalized open space. The above table is the key to the following Land Use Districts map. The un shaded area shows the portion of Village Six that is included on McMillin's tentative map, PCS-02-03: Page 3, Item: Meeting Date: 02/13/02 L.nd U.. District Genenll Description land Use Districts SFJ Singl,FamilyDtl'tehe-dThtMDi-'ric1wi1iChpermiISSIfIIII.bmily I>ousong on ""I -R'"g)> 5,caJ lquMI In! SF. Singl.FtmilyFour D;a1rifJlfllllit;hp''''"UlinglBfamoIyhoucinIJOIItoI. _'-V'''tl<5.000sq~feet RM1 Rniclt"'lIal MuII..FtomiIy On., Dillnel ...tIlth p.rmill h_,fIt 'aAglIIg tom8.15uniltlKft, intludrng _N lot 11.ltmllly tnd .nathld P9t ~ horn.. RM2 R"""",,-, MuII~F""'J T_: D"dritl wl'lic:h permitl hO"Iinll""'IJI"II 1tom16+ u"It5IOI.cre. CPF COmmllnilyPurpo..F.dily: Dislric1w1\.1chpermilIU...pursll....to Ihe ComrIIundy PUrpOU Fadil, rfqMment. ohhe P.C Plannf'd C~JZ- Mi.tdU..Diflnctwhochpermll.tornmtrcitJ.....IIUCh...bl.lnoI limittdtf;l ..,ailohopt.profeul..-lt61:......d...rtic.cOl'l'ltnl,t... 'MI1'Irn'V.IlllCor.. T'......'!Jf'u'cIt...hll.......bo<<tCM'cOI'I...eltdlo Ih. commNt.aI ....1" .rmm,d MU OSIP1 Op... Spac.lP.. One: OiIInd .....,eh potrmil. dtwloptd CM' UlabIa opIfI .pte.,lthoob,p-'tI.~n.lu""ltd09,"lpllC' ----- "?<'""-. ) I Birch Road A Village Six oU'A'Wsr.. OTAY RANCH Cintl Land PIor'tm. --..--- r'\....fi . - - -I...~ i/28IO, Exhibit PC-1 (01109/02) PC DISTRICT REGULATIONS TT~-Ii Page 4, Item: Meeting Date: 02113/02 As part of Village Six, the Catholic Diocese plans to build a private high school on the 32.5-acre R-IIIS-2 site, which is zoned SF3. Private schools are a conditionally permitted use in the SF3 zone in the Village Six Planned Community District Regulations. As part of the SPA Plan approval process, the City Council decided that the Planning Commission should approve this land use through the CUP process. c. Proposed Tentative Map The Tentative Map proposes to subdivide McMillin's portion of Village Six (200.3 acres) into 482 single- family lots on 114.7 acres, 212 multi-family units on a 12. I-acre site, 2.7 acres of an 11.5-acre elementary school site (the remainder is currently owned by the Otay Ranch Company), a 32.5-acre private high school site and a 11.5 acre community purpose facility site (both owned by the Catholic Diocese), a common usable open space area of approximately 0.7 acre, and approximately 22.7 acres of recreational trails, open space and other amenities authorized by the Village Six Sectional Planning Area (SPA) Plan. The Otay Ranch General Development Plan allows 2,232 units in Village Six for all ownerships. The Otay Ranch Company owns the remaining portion of Village Six and will process a tentative subdivision map under separate application for their ownership. 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 special issues that received the most attention. As related to McMillin's Tentative Map, the primary issue deals with the design and maintenance of Lot OS-21, a Common Usable Open Space area between Neighborhoods R-l and R-3. Land Use The Tentative Map proposes four neighborhoods designed for varying densities of single-family and one multi-family residential neighborhood. Neighborhoods R-l, R-3, R-4 and R-6 are proposed to be detached single-family developments. R-6 is proposed for an alley product. Neighborhood R-IO is proposed to be a multi-family townhouse development. ----,----_...._----~._._-~-_.- Page 5, Item: Meeting Date: 02/13/02 The Tentative Map proposes densities in each of the single-family and multi-family residential neighborhoods as shown in Table B below: TABLE B: TM & SPA PLAN COMPARISON NEIGHBORHOOD LAND TM GROSS SPA GROSS DWELLING TARGET AVG. LOT AREA USE ACREAGE ACREAGE UNITS DU'S/AC SIZE (SQ. FT.) R-l SF 26.2 26.2 105 4.0 8,093 R-3 SF 35.6 35.6 159 4.5 6,774 R-4 SF 20.4 20.4 92 4.5 6,589 R-6 SF 20.4 20.4 126 6.2 4,658 SUBTOTAL SF 102.6 102.6 482 N/A *' f the private R-lO MF 11.73 12.1 212 17.5 high school IS not built, 146 SUBTOTAL MF 12.1 12.1 212 N/A detached, TOTAL RES. 114.7 114.7 694 N/A single-family dwelling units CPF-2 CPF 12.63 11.5 N/A N/A will bc built R-Il/S-2 PVT HS 38.59 32.5 146* N/A instead. Elem. School' PUB ES 2.7 3.9 N/A N/A *Partial acreage Open Space OS 11.6 6.3 N/A N/A for the Circulation Circ 20.9 16.4 N/A N/A elementary school site. Borrow Site N/A 14.9 N/A N/A N/A TOTAL (part) Village 6 216.02 185.3 2,086/2,232* N/A 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. In addition, "traffic calming" devices such as "neckdowns" are significant circulation design solutions at the intersection of Santa Venetia Street and Magdalena Avenue in the vicinity of the elementary school and private high school. 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 "J" 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: Page 6, Item: Meeting Date: 02/13/02 . Arterial Highways: There are two types of arterials: Olympic Parkway and La Media Road are Prime Arterials/Ranch 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 10-foot travel lanes with parking on both sides ofthe 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 for parkway trees and a larger choice of tree types to be planted in the parkways. 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 McMillin'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, and the slopes along Lot R-lIlS-2 (the private high school site). The grading of the McMillin ownership has been coordinated with the proposed tentative map for the Otay Ranch Company. Page 7, Item: Meeting Date: 02/13/02 Parks, Trails and Open Space McMillin'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 in Santa Venetia Street on the north side and Magdalena Avenue on the south side. The 5-foot difference in width will be landscaped so the pathway can be widened in the future if needed. Regional Trails, which are 8-10 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 western edge of Village Six on the north side of Santa Venetia, 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 ofOtay Ranch. A 75-foot average open space corridor surrounds Village Six along all the major arterials and SR-125. A Common Usable Open Space (CUOS) site is being provided along View Park Way to serve Neighborhoods R-I and R-3. McMillin is proposing that the CUOS be 0.8 acre and abut the residential areas on its north and south without providing vehicular access around it. The desi!,'11 and maintenance of the CUOS is the only unresolved issue for McMillin's portion of Village Six. 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, McMillin's portion of the Village Six obligation is approximately 220 acres of land to be dedicated to the Otay Ranch Preserve. The 220 acres conveyed to the Preserve will be within the San Ysidro Parcel adjacent to McMillin's previous conveyance. Village Six is part of the Preserve Maintenance District. Community Purpose Facility The Community Purpose Facility (CPF) requirement for McMillin's portion of Village Six is 2.9 acres. This is based on a ratio of 1.39 acres per 1,000 population. The tentative map for this portion of Village Six will fulfill the CPF obligation as required in the SPA Plan by providing one CPF site - an 11.5-acre facility (CPF-2) adjacent to the private high school site. The Catholic Diocese owns both of these parcels. The CPF-2 site will be developed as a regional-serving church facility for the Diocese. In addition to CPF-2, the CUOS located in Neighborhoods R-I and R-3 will also receive CPF credit if maintained by an HOA. Therefore, McMillin will have a CPF credit of 9.4 acres. Page 8, Item: Meeting Date: 02/13/02 d. Analvsis Except for the Common Useable Open Space issue (discussed below), the proposed tentative map for Village Six is consistent with and implements the approved Otay Ranch General Development Plan (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 interconnect the neighborhoods within Village Six. With the proposed street layout in McMillin'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 as expressed by 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. Unresolved Issue: Common Usable Open Space The design and maintenance of Common Usable Open Space remains the only unresolved issue for Village Six. Background: The need for Common Usable Open Space within single-family neighborhoods was first discussed during the review of the Rolling Hills Ranch SPA Plan in 1991. Common Usable Open Space was required on the Rolling Hills Ranch project based on the rationale that the small single-family lots proposed in that project did not provide adequate private open space. A I-acre private recreational facility was required in the Project. EastLake continued this approach but requested credit toward their parkland requirement. The City granted 50% credit for the facilities in the Lakes community. However, in the Greens project, this approach was discontinued. Under the current proposal for EastLake III, no credit for Common Usable Open Space was granted. No park credit has been granted to the Rolling Hills Ranch project for their Common Usable Open Space. When the Otay Ranch SPA One Plan was approved in 1996, the Otay Ranch Company proposed small parks less than 5 acres in size within the neighborhoods of Villages One and Five. They based their request on the precedent that the City had established with the EastLake project where 50% credit was approved for the small open space areas. Otay Ranch Company then proposed guarded entrances in their portion of Villages One and Five and no credit was granted since public access was not provided. McMillin received 50% credit for their pedestrian parks in Villages One and Five because they met the criteria for size and facilities and public acccss was provided in their neighborhoods. Since the approval of SPA One, the City has undertaken the task of preparing a draft City-wide Parks Master Plan in order to comprehensively plan for the future recreation needs of the City's population in 2020. In preparing this plan, staff came to the conclusion that all parkland generated by the Municipal Code requirement for new development to provide 3 acres of parkland per 1,000 residents needs to be Page 9, Item: Meeting Date: 02/13/02 allocated to the neighborhood and community parks. Based on a needs analysis survey prepared for the City, a range of active recreation facilities including organized athletic field activities, such as soccer or softball, are lacking or will be needed to meet future demand. The land requirement for this kind of activity is high requiring large contiguous sites in preference to small-disconnected sites. For these reasons, staff has determined that neighborhood and community parks should take priority in the allocation oflimited parkland resources. Anything that siphons off land from these larger sized parks makes it difficult to provide the needed community recreational land and facilities. Staffs position is that Common Usable Open Space should not be given credit toward satisfying the 3-acre per 1,000 standard, but rather should be recognized as open space to off-set the private space lost through the reduction oflot sizes. Several publications on pedestrian-oriented development and smart growth indicated that these open spaces are necessary within the neighborhoods. "The Next American Metropolis"l recommends 1- to 4- acre parks should be located within two blocks of any resident. These parks should be small and frequently located to provide auto-free destination for children within the neighborhood. In "Suburban Nation,,2, the authors recommend a "pocket park", often the size of a single house lot, be located within a three-minute walk of every dwelling in the neighborhood. "Best Development Practices"] indicates that a neighborhood is defined by a center and edge and that at the center, a common area where neighbors can interact is needed. The Smart Growth Checklist indicates that small playgrounds distributed evenly through each neighborhood, roughly within one eighth of a mile of every dwelling, is an important development principal and is essential in the design of the neighborhood. The City's Design Manual also addresses the issue of open space within neighborhoods in master planned communities. Adopted by the City Council in 1994, the Design Manual indicates that small lot single- family projects generally consist of lots less than 5,000 square feet. The resulting open area on these single-family lots in relation to the building area tends to result in projects that appear crowded and monotonous and offer significantly less yard space and privacy than traditional single-family developments. The intent of the Design Manual guidelines is to have small lot developments provide adequate usable open space areas that are associated with traditional single-family homes. Small lot single-family projects are expected to provide adequate usable outdoor areas for normal family activities. If the yard area is insufficient for these purposes, then supplemental Common Usable Open Space should be provided. The Design Manual indicates each lot should provide approximately 750 square feet of usable open space for a typical three- or four-bedroom dwelling either in exclusively private yards or in a combination of private yards, landscaped front yards and/or common areas. The Design Manual gives consideration to providing all or a portion of the Common Usable Open Space off-site in conveniently located and easily accessible private parks or public parks with acreage or amenities in excess of that required by the Municipal Code. The Design Manual indicates such facilities should generally be located within Yt-mile walking distance of the home and accessed without crossing a four-lane street. The Design Manual states that Common Usable Open Space should be provided in large, meaningful areas and not fragmented or consist of "left over" land. The CUOS should be centrally located, easily accessible for the majority of units and buffered, but visible from surrounding units. Areas for both Page 10, Item: Meeting Date: 02/13/02 passive and active recreation should be provided including tables and shaded seating areas, barbecues, courts and tot lots. The open space section in the Design Manual concludes that small narrow lots with large homes on narrow streets in the master planned communities have a greater need for Common Usable Open Space to provide visual relief within the project than traditional subdivisions. Both McMillin Companies and the Otay Ranch Company are proposing Common Usable Open Spaces in their single-family neighborhoods. McMillin proposes that their 0.8 acre CUOS front on two residential streets and have single family lot side yards adjacent to the CUOS. Staff believes that the CUOS should have access on all four sides and have homes fronting on the CUDS. This access will provide better visibility for the Police Department to drive around the CUOS. The access will allow residents to have the option of driving horn one part on the residential promenade to the other. The tentative map indicates an alternative plan for the CUOS, which staff supports. The alternative plan provides a 0.7 -acre site with access on all four sides. Homes will front on the open space on all four sides providing better "eyes on the park" and ownership ofthe open space by these residents. Maintenance Issue The McMillin Companies are proposing the .8-acre CUOS area be maintained by a Community Facilities District (CFD) along with other open space in their portion of the village. City staff is concerned about the maintenance cost in addition to the City's administrative costs which will make the maintenance of this CUOS site more expensive than if maintained by a Homeowners Association. In addition, both McMillin and Otay Ranch Company are requesting credit for their CUOS as Community Purpose Facilities (CPF) similar to Brookfield Shea Otay (BSO) in Village II. Concerning the CPF credit, BSO received CPF credit under a determination by City staff that the PC zoned CPF land uses included recreational facilities that were privately owned. This use was included in the PC zone as part of EastLake's application to allow CPF credit for the Little League field in the Trails project. City staff determined that the private recreation facilities owned by a homeowners association qualified as a CPF use under this definition. Staff believes that, if the CUDS are maintained by a HOA, they can receive CPF credit. The CFD is a district that is operated by the City and requires City to accept ownership of the CUOS sites if they are maintained by the CFD. Since the CFD is not a private entity, staff does not believe that maintenance by the district qualities under the definition for CPF credit. City staff has determined that the CUOS should be maintained by a homeowners association. CONCLUSION: Staff believes that the proposed tentative map for McMillin's portion of Village Six is consistent with the approved Otay Ranch GDP and Village Six SPA policies and recommends approval of the tentative map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). City staff has reviewed the tentative map and prepared Conditions of Approval and believes that they meet the requirements of the Subdivision Map Act. Page 11, Item: Meeting Date: 02/13/02 Attachments I. Locator Map 2. Tentative Subdivision Map (C.V.T. 02-03) 3. Planning Commission Resolution (PCS-02-03) 4. Draft City Council Resolutions No. 5. Disclosure Statement H:\PLANNING\Otay Ranch\Vil1age _ 6\V6_ TM_ Stuft\McMillin's_TM\ V6 _ McM _TM _ PC_ STFRPT.doc I Peter Calthorpe, The Next American Metropolis, Princeton Architectural Press, New York, New York, 1993, p.9! 2 Andes Duany, Elizabeth Plater-Zyberk, and Jeff Speck, Suburban Nation. The Rise of Sprawl and the Decline of the American Dream, North Point Press, New York, 2000, p.202 3 Rcid Ewing, Best Development Practices, Doing the Right Thing and Making Money at the Same Time, Planners Press, Chicago, Illinois, 1996, p.32 H_'_~'__.___._._ -"'-'-"- -"'-_.' ..~- ---"-'---'--'-"--"-~'--"'-------------'--~--"'--------...-.-- ATTACHMENT 1 VILLAGE 11 FREEWAY COMMERCIAL VILLAGE 7 ~ ~, ~ s ... PROJECT lOCATION EASTERN URBAN CENTER C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~~~,~' MCMILLIN OTAY RANCH LLC PROJECT DESCRIPTION: C) SUBDIVISION PROJEct OTAY RANCH VILLAGE 6 ADDRESS: McMillin Otay Ranch SCALE: I FILE NUMBER: Village 6 Tentative Map. NORTH No Scale PCS-02-03 h :\home\plann Ing\DAI\locatorsIPCS0203.cdr 01/31/02 / I Attachment 2 II H I II "!" illll I I' II I( E., I lid:,!,;: I'Hin'H;io~!*I';"": 0 ,Ii I till:., '11' "1'1' I. lil,!,1 " I i1, "' I '" ~ I II 'I' I! I" I " ! I' . ti, i . III I I ~'" Ii i! I! ~ 11 Ii I: ! I i ,lib Iii 111'11' I, JI . 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PCS-02-03 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR A PORTION OF VILLAGE SIX OF THE OTAY RANCH, VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN, CHULA VISTA TRACT 02-03 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 02-03, and is commonly known as McMillin's Portion ofOtay Ranch, Village Six ("Property"); and, WHEREAS, McMillin Otay Ranch, LLC, ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "McMillin Otay Ranch Village Six, Chula Vista Tract 02-03", ("Project"), with the Planning and Building Department of the City ofChula Vista on October 9,2001; and, WHEREAS, the application requests the approval for the subdivision of approximately 215.3 acres ofland known as "McMillin Otay Ranch, Village Six" located in the north-central portion of the Otay Valley Parcel, south ofthe future extension alignment of Olympic Parkway, north ofthe 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 ofthe 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 16,2001, by Resolution No. ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and, the Otay Ranch General Development Plan (GDP) AmendmentsIVillage Eleven SPA Plan Final Second-Tier Environmental Impact Report ("Final EIR 01-02") (SCH#200l03ll20), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and has determined that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in Final EIR 98-0 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 the Village Six SPA Plan Final EIR 01-02 was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No._ (PCS-02-03); and, WHEREAS, the Planning Commission set thc time and place for a hearing on said "Tentative Map, Otay Ranch Village Six, Chula Vista Tract 02-03", (PCS-02-03) and notice of hearing, togcther with its purpose, was given by its publication in a newspaper of general circulation S" in the city and its mailing to property owners within 500 feet of the exterior boundaries ofthe 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. February 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-03) is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Village Six Tentative Map involving 215.3 acres ofland known as "Otay Ranch, Village Six" located in the north-central portion ofthe 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 ofthe future SR-125 in accordance with the findings contained in the attached City Council Resolution No. .; and, And that a copy ofthis resolution be transmitted to the owners of the property and the City Council. ~ PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of September, 2001 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Kevin O'Neill, Chair ATTEST: Diana Vargas, Secretary )i'F!\\~<i'\',ii)U~ :\dl>dl'\il!,i:.'" 1,\ i i('<) "ii\ )'{ i\1';U_',I,\( 7 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 02-03 WHEREAS, the property whieh is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 02-03, and is commonly known as McMillin's Portion of Otay Ranch, Village Six ("Property"); and, WHEREAS, McMillin Otay Ranch, LLC, ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "McMillin Otay Ranch Village Six, Chula Vista Tract 02-03", ("Project"), with the Planning and Building Department of the City ofChula Vista on October 9,2001; and, WHEREAS, the application requests the approval for the subdivision of approximately 215.3 acres of land known as "McMillin Otay Ranch, Village Six" located in the north-central portion of the Otay Valley Parcel, south of the future extension alignment of Olympic Parkway, north of the future Birch Road, east of the extension of La Media Road and west of the future SR- 125; and, WHEREAS, the Project is also the subject matter of the Otay Ranch General Development Plan (GDP), as amended, originally approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on October 16, 2001, by Resolution No. ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and, the Otay Ranch General Development Plan (GDP) Amendments/Village Eleven SPA Plan Final Second-Tier Environmental Impact Report ("Final EIR 01-02") (SCH#200l 031120), 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 envirorunental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in Final EIR 98-01; and, WHEREAS, the Planning Commission set the time and place for a hearing on McMillin's portion of Otay Ranch, Village Six Tentative Subdivision Map (C.VT 02-03) 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, Page I of 51 8 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. February 13, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on McMillin's portion of Otay Ranch, Village Six Tentative Subdivision Map, namely 6:00 p.m. February 26,2002, in the Council Chambers, 276 Fourth Avenue, before the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on February 13, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record 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 Second- Tier Final EIR 98-01 would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby approves the resolution approving McMillin's portion of Otay Ranch, Village Six Tentative Map, Chula Vista Tract 02-03 involving 215.2 acres ofland known as "McMillin Otay Ranch, Village Six" in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Six SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the "McMillin Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-03)" as conditioned, attached as Exhibit "B" to this resolution, hereto for McMillin Otay Ranch, LLC, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Six Sectional Planning Area (SPA) Plan, based on the following: Page 2 of 51 <1 I. Land Use The Project is in a planned community that provides single-family and multi-family residential uses, schools, community purpose facilities and common usable open space and other uses authorized by the Village Six Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Six SPA Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch Village Six SPA Plan standards. 3. Housing An affordable housing agreement between the City and McMillin (Master Developer) will be executed subsequent to the approval of the Tentative Map and is applicable to subject Project providing for low and moderate income households. 4. Parks, Recreation and Open Space Parks, recreation and open space will be conditioned under Tentative Map conditions to provide local parkland and dedicate additional Community parkland (Applicant obligation) for the Project elsewhere in Otay Ranch. 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's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safetv Page 3 of 51 /t)' The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Village Eleven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the 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. Page 4 of 51 // 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. 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 form by Robert Leiter Planning and Building Director John M. Kaheny City Attorney Page 5 of 51 /2- .~---_.__._._.__.._._---_._-_._.-.--.._--._- PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of September, 200 I, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 26th day of September, 2001. Executed this 26th day of September, 200 I. Susan Bigelow, City Clerk Page 6 of 5 ] /3 Exhibit "A" VILLAGE 11 FREEWAY COMMERCIAL VILLAGE 7 ~ ~, ~ ~ .... PROJECT lOCATION EASTERN URBAN CENTER C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT, MCMilLIN OTAY RANCH llC SUBDIVISION PROJECT OTAY RANCH VilLAGE 6 ADDRESS: McMillin Otay Ranch SCALE: I FILE NUMBER: Village 6 Tentative Map. NORTH No Scale PCS-02-03 __,.........."",........... _ -'__ "'j J"'~ ,...^ /~ -,'" . ;.-; . ,I I U ! ~;, ~ I I t I :; I : I . 1! II!!:'! 'i I 'Hsn,;I" '1" "~~*! ",;." , ft "I '., , ,I. !, I! II. I "", t ", '! I 'I~. ~~ . I - I I' " 1'\" I' !' i~ ! I i! ~i! i j!l: ; i "1 'I, H: pi' j i I ,III' q I' :I:'j ,J, IIII I ~~;i ~! j! I;I! II! i ,!!! :,d:!!!.!! Ilili! ql !~I:!dii!l!i n!jll~!ll!nn: H!d: ,iOi~! ! · I " 'II ' i' I I I.' '1,1 i . h 'I"'.; " TI""T', I '.. 1 i" 1M i i ,101 i'll 'hi' I,' ii ,';1 i!i ;ii!llh'l :I:I;II!' II : !~~ 'i : : i ;. :!'!! .!i~, '1iIilm Ii 'iltJ_ ~i' 1.~tll'l~qel. IW-III ' ~ I~' II~J! 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Exhibit "C" McMillin Otay Ranch Village Six Tentative Subdivision Map (C.V.T. 02-03) CONDITIONS OF APPRO V AL Unless otherwise specified or required by law: (a) thc conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assii,'11s and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (ElR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the,.Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any matcrial modifications shall bc subject to approval by the City Council. (Planning) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance Page II of 51 /$ -'--_.'--'-~"'--"'---'."--'---""~ -.--,----...-----.....-- ,-,---- 4. 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) 5. 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 Rcport and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 6. 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) 7. Prior to the approval of the first "A" map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Six SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicablc cnvironmcntal documents. (Planning) 8. Any and all agreements that the applicant is required to cnter in hereunder, shall be in a form approved by the City Attorney. (Planning) 9. 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 adhcrc to those guidelines noted on page 353, Section D of the GDP/SRP. (Planning) 10. Prior to approval of the first "A" map, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that, prior to the construction of SR-125, the City shall stop issuing new building permits for Village Six when the City, in its sole discretion, determines either: Page 12 of 5 I /f a. Building permits for a total 9,429 dwelling units have been issued for projects east of 1-805 (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) 11. 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 of the Director of Planning and Building, all environmental impact mitigation measures identified in Final ElR 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 of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as 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#200104l033), and Mitigation Monitoring and Reporting Program. (Planning) 14. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the Page 13 of 51 ~o approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning) 15. Prior to the approval of each final "B" map, the Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City Council on June 4, 1996, and as may be amended from time to time by the City. (Planning) 16. Prior to the issuance of the first grading permit (including clearing and grubbing) for the Project, the Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 17. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Applicant shall comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. (Planning) 18. Prior to the approval of each final "B" map for the Project, Applicant shall comply with all requirements of the Village Six SPA Plan Agricultural Plan. (Planning) 19. The Applicant shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an cascment restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to thc 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 holdcrs in ordcr 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. Wherc fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed, and each tentative map shall be subject to a condition that the Applicant shall execute a maintenance agreement with the POM stating that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat Maintenance District has generated sufficient revenues to enable the POM to assume maintenance responsibilities. Where an easement is granted, each tentative map is subject to a condition that fcc title shall bc b'Tanted upon demand by the POM. The Applicant shall irrcvocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant shall maintain and manage the conveyed parcel until the Preserve Community Facilities District (CFD) has generated sufficient Page 14 of 51 2/ revenues to enable the POM to assume maintenance and management responsibilities. (Planning) 20. Upon request of the Director of Planning and Building, applicant shall execute a maintenance agreement with the City or its designee for the Otay Ranch Preserve. (Planning) 21. Prior to approval of the first "B" map for the Project, at the request of the City Engineer, Developer shall take all necessary steps to include the Project area within Improvement Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Engineering) SPECIAL CONDITIONS OF APPROVAL 22. A noise barrier plan shall be submitted for review and receive approval of the City prior to issuance of the first grading permit for the Project. This noise barrier plan shall be incorporated into the wall and fence plan, a component of the Landscape Master Plan. Should Developer subsequently request modification of the approved noise barrier plan, Developer shall provide additional acoustical analysis if required by the Director of Planning and Building. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property. (Environmental. Engineering) 23. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to approval of the first "A" map for the Project. Bonds securing noise barrier construction may be released upon determination by the City's Director of Public Works that an agreement with the City of Chula Vista, California Transportation Ventures (CTV) or its successor in interest, and Applicant contains sufficient securities for construction of the noise barriers. (Environmental. Engineering) 24. Unless required noise barricrs are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report jiJr Otay Ranch Village Six, dated September 24, 200 I, unless earlier modified by agreement with the City of Chula Vista, CTV or its successor in interest, and Applicant. All noise barrier design and construction adjacent to SR-125 shall be coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest. Noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. (Environmental. Engineering) 25. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other developers/applicants within Village Six including phasing, grading, improvements and dcdication of right-of-way. (Planning) Page 15 of 51 ;2:2- 26. The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision, which shall be referenced hereinafter as "Final 'B' Maps". A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposes to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the Tentative Map. The "B" Map shall be in substantial conformance with the related approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. (Engineering) 27. Prior to approval of the first final "B" map within the tentative map, the developer may submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this" A" Map or parcel map sha1l 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 ofa filing of a final 'B' map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 30. Any proposed monumentation/signage shall be consistent with the Village Six Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. (Planning) 31. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the director of Planning and Building. Prior to issuance of the first building permit, Applicant shall post temporary signs on all neighborhoods within Page 16 of 51 ~3 the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 32. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one 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 strcet parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate trce 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. Thc Applicant shall provide root barriers and deep watering irrigation systems for thc trecs, as approved by the Dircctor Building and Park Construction and the Director of Public Works. (Planning) 34. The Applicant shall install all street trees in accordancc with Scction 18.28.10 of the Chula Vista Municipal Code. All street trees shall bc plantcd in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which havc 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, tclcphone, 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 bc 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 companics havc becn given notice that no dry utility line shall bc locatcd within five feet ofthc 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 bc 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) Page 17 of 51 2'1 PUBLIC FACILITIES. UTILITIES. IMPROVEMENTS AND PHASING (Streets. Transit. Sewer. Water. Drainage. Grading) 35. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the first "A" map and those "B" maps which trigger improvements as set forth in the Village Six PFFP, the applicant shall construct or enter into an agreement to construct and secure all street improvements as required by the PFFP, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 36. Construct a protective fencing system around all proposed permanent detention basins, and the inlets and outlets of storm drain structures, as and when directed by the City Engineer. The final fencing design and types of construction materials shall be subject to approval of the City Engineer. (Engineering) 37. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 38. Prior to approval of each final map, acquire and then grant to the City all off-site rights- of-way and easements necessary for the installation of required street improvements and/or utilities, subject to the City's Subdivision Ordinance and the State Subdivision Map Act. (Engineering) 39. Concurrent with approval of each final map for the Project, the Applicant shall submit Improvement Plans for the applicable neighborhood for review and approval by the City Engineer, Director Building and Park Construction and the Director of Planning and Building. Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on- site and off-site streets as identified in the Otay Ranch Village Six SPA PFFP, as may be amended from time to time and as deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, landscaping, irrigation, fencing, fire hydrants and street light locations, subject to the approval of the City Engineer. (Engineering) 40. Provide security in accordance with Chapter 18.16 of the Chula Vista Municipal Code, dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Street Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said street improvements shall include, but not be limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, street lights, traffic signals, signs, Page] 8 of 5 I /2-S' stripping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. The amount of the security for required improvements, including landscape and 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 BuiJding & Park Construction if related plans have not been submitted for City review. A Jesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer and the Director Building & Park Construction that sufficient data or other information is available to warrant such reduction. (Engineering) 41. Upon: 1) approval of the final "B" map that triggers the Cumulative DU's, ("Table 'A"') below; or, 2) approval of the first map for a specific Planning Area, (Table'B"') below, whichever occurs earlier, consistent with the Village Six PFFP, as may be amended 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 tril(l(ers Facility Description Cumulative Roadway Unit Trh~l(ersl I La Media Road - Olympic Parkway to Santa Venetia Street 750 Santa Venetia Street - Easterly Boundary ofR-1 to La Media 2 Road 750 3 Santa Venetia Street - Magdalena Avenue to La Media Road 750 Magdalena Avenue - Santa Venetia Street to Southerly 4 Boundary ofR-4 1500 Magdalena Avenue - East Palomar Street to Santa Venetia 5 Street 750 6 East Palomar - Olympic Parkway to Magdalena Avenue 750 Santa Venetia Street - Easterly Boundary ofR-2 to La Media 7 Road 750 Magdalena Avenue - Northerly Boundary of R-2 to Birch 8 Road 1500 9 Birch Road - Magdalena Avenue to La Media Road4 1500 10 La Media Road - Santa Venetia Street to Birch Road4 1500 II 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 Rd2 944 (1) Developer shall agree to construct and to secure the facility prior to the Final Map that Page 1901'51 -;z..~ triggers the cumulative DO's or EDU's as defined in this Table. (2) Improvement will be required only if the cumulative trigger IS reached pnor to the construction ofSR 125. (3) Improvement shall be secured prior to the cumulative unit trigger, or with an "A" Map including CPF 2 and/or CPF 3, whichever occurs first. The time to perform the construction of this facility may be extended by the Director of Public Works. (4) Full-width improvements for these facilities shall be secured prior to the first final map containing the l500th DU. The time to perform the construction of these facilities may be extended by the Director of Public Works. Table "B" Village Six Specific Plannine: Area Trie:e:ers Area Roadway Roadway Required for Access (nAn) Or Fronta!!:e (nFn)2 R-l 1,2 A,F R-3 1,3 A(I), F R-4 1,3,4 A(l), F R-6 1,3,5,64 A(l ,3, 6), F R-lO 4 A(l ,3, 6), F 1,3,5,6 R-2 1789JlOJ A(l), F , , , , R-5 6 A CPF-l 6 A, F R-7 6 A,F R-8 6 A,F R-9 6 A CPF-2 1,3,4,115,12 A(I,3), F CPF-3 5 A(l), F I, II ,12 C-l 6 A,F (I) Agree to construct and to secure the facility prior to the first final map in this planning area. (2) Numbers in Parenthesis in this column refer to the facility. (3) Half-width improvements for these facilities shall be secured prior to the first final map in this planning area. The time to perform the construction of these facilities may be extended by the Director of Public Works. Full-width dedication for these facilities shall be offered on an "A" Map containing this planning area. (4) Only emergency access along this facility shall be required prior to the first final map in either of these planning areas. (5) The time to perform the construction of this facility may be extended by the Director of Public Works. Page 20 of 51 :;.7 --'---'--.__._-_._._--_.,--~-------_.~....~_.....,--.,...__.--" 42. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 43. The Applicant shall partIcIpate III the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 44. Prior to approval of any final map which triggers the installation of the related street improvements, Applicant shall enter into an agreement, to the satisfaction of the City Engineer, to construct and secure fully activated traffic signals, including interconnected wiring, at the following intersections: INTERSECTIONS . La Media Road and Santa Venetia Street . Santa Venetia Street and Magdalena Avenue . Magdalena Avenue and Birch Road . 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-ll The applicant shall fully design the aforementioned traffic sib'11al 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, thc applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 45. Submit to and obtain approval by the City Enginecr of striping plans for all promenade, collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 46. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Watcr supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Page 21 of 51 ::2-8 Department. Any temporary water supply source IS subject to pnor approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet. c. Street signs installed to the satisfaction of the Department of Public Works. Temporary street signs shall be subject to the approval of the Department of Public Works and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works and Fire Department. (Fire, Planning, Engineering) 47. Depending on the location of improvements such as cul-de-sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the applicant shall install additional fire hydrants upon request and to the satisfaction of the Fire Department. (Fire, Planning, Engineering) 48. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 ft. in length (as measured from the nearest street centerline intersection). (Engineering) 49. Design all vertical and horizontal curvcs and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevail. Lighted SAG vertical curves may be permitted, with the approval of the City Engineer, at intersections per American Association of State Highway and Transportation Officials (AASHTO) standards. (Engineering) 50. Prior to approval of each final map, the Engineer-of-Work shall submit and obtain approval by the City Engineer a waiver request for all subdivision design items not specifically waived on the Tentative Map, and not conforming to adopted City standards. The Engineer-of-work request shall outline the requested subdivision design deviations from adopted City standards and state that in his/her professional opinion, no safety issues will be compromised. The waiver is subject to approval by the City Engineer in the City Engineer's sole discretion. (Engineering) 51. Prior to approval of the first map for the Project, Applicant shall agree to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: Page 22 of 5 I ~9 a. All necessary improvements for providing ingress and egress to the Elementary School (S-l). This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, and irrigation improvements; and, b. If warranted and upon the request of the City Engineer, traffic signal improvements for providing vehicular ingress and egress to the Elementary School Sol. (Engineering) 52. Applicant shall enter into an agreement with the City, prior to the approval of the first map whereby the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Six Design Plan and Village Six PFFP and as approved by the Directors of 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) 53. Allcys shall be constructed to City of Chula Vista standards. 54. Prior to the approval of a Conditional Use Permit (CUP) for the private high school located at Neighborhood S-2/R-ll, CUP applicant shall submit to and obtain the approval of the City Engineer of a vehicular access study which shall analyze the need for dual left- turn lanes from Birch Road into the campus, and/or other required improvements. The CUP applicant shall thereafter install all recommended improvements to the satisfaction of the City Engineer. (Engineering) 55. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to mcet "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 containcd herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwisc required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. (Engineering) 56. Prior to approval of the first final map for the Project, Applicant shall enter into an agreement to fund half of the cost of constructing a pedestrian bridge connecting VilJage Six with Village 2 ovcr La Media Road north of Santa Venetia Street. Applicant shall further agree: Page 23 of 51 30 a. To cooperate with the City in order to establish, concurrently with the approval of the first final "B" map within Village Six, a development impact fee program, or other funding mechanism to the satisfaction of the City Engineer, to fund Applicant's fair share of said bridge; b. To not object to being included in any development impact fee program established to fund Applicant's said fair share; c. That the timing of the construction of said bridge shall be determined by the City and shall be a condition of approval of the first tentative map in Village 2. d. As part of the bridge design, funding and construction, a 10'- wide concrete walkway shall be provided from the Village Pathway on the north side of Santa Venetia to the bridge landing on the east side of La Media. (Planning, Engineering) 57. Prior to the approval of the first final map for the Project the Applicant shall enter into an agreement to fund half of the cost of constructing a pedestrian bridge connecting Village Six to Village Five in the vicinity of East Palomar Street. The Applicant shall further agree to cooperate with the City in order to establish, concurrently with the approval of the first final "B" map within Village Six, a development impact fee, or other funding mechanism to the satisfaction of the City Engineer to fund Applicant(s') fair share of said bridge. The Applicant shall not object to being included in said development impact fee program. (Engineering, Planning) 58. Applicant who is responsible for the construction of East Palomar Street pursuant to the PFFP, shall construct the pedestrian bridge connecting Village Six to Village Five. The timing of the construction of said bridge shall coincide with the improvement of East Palomar Street between Olympic Parkway and the Village Six Core. In addition, the Applicant shall: a. Prior to approval of the first final map that triggers the construction of improvements of East Palomar Street, enter into an agreement to construct said bridge. b. Construct the bridge in a location as directed by the Directors of Planning and Building and Public Works. c. As part of the rough grading plan that includes the southerly bridge landing, submit to for approval by the Director of Public Works and the Director Buildings and Park Construction, a plan for the connection of the bridge to the Village Six Pathway along East Palomar Street and the sidewalk on Olympic Parkway trail. The Developer shall further acknowledge and agree that the connection between the Olympic Parkway sidewalk and the southerly bridge Page 24 of5] 3/ landing may require that a route through adjacent neighborhoods be established using connector trails to Olympic Parkway. (Engineering, Planning) 59. Prior to the approval of the first "B" map, Applicant shall provide at Applicant's own expense and to the satisfaction of the City Engineer a Pedestrian Bridge Development Impact Fee Report, that: I) determines the construction cost estimate for the bridges; 2) establishes the DIF area of benefit; and 3) establishes the DIF amount. At the sole discretion of the City, the Developer(s) may submit for approval by the City Engineer an update to the existing SPA One Pedestrian Bridge Development Impact Fee Report dated November 6, 1998 that adds the Village Six project to the area of benefit and adjusts the fee as necessary and takes account of bridge design, including style, color, lighting, etc., in all cost calculations, said bridge design being the same as the bridge connecting Village One to Village Five over La Media Road. 60. The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. I. 11. lll. IV. b. The developer enters into an agreement with the City where the developer agrees to the following: Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, Maintain membership in an advance notice such as the USA Dig Alert Service; and, Mark out any private facilities owned by the developer whenever work is performed in the area; and, The terms of this agreement shall be binding upon the successors and assigns of the developer. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 61. Street names shall be as on the approved tentative map, or as otherwise approved by the Director of Planning and Building and City Engineer. (Planning. Engineering) 62. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated gmdiRg and/or construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) Page 25 0[51 32 -..----.---.-,.... -.... --, 63. Prior to approval of each final map, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for production homes for the applicable final map. (Engineering) 64. Applicant shall construct and secure the installation of ten permanent traffic count stations, subject to the approval of the City Engineer, as indicated below: Traffic count station Construct and secure construction General location prior to approval of La Media Road (4 count stations) Final map that triggers construction of the applicable section of La Media Road (2) Olympic Parkway (4 count station) (I) Birch Road (2 count stations) Final map that triggers construction of applicable section of Birch Road (2) (I) Prior to approval of the first "A" map Applicant shall submit plans to the City for review and approval by the City Engineer for the count stations on Olympic Parkway. (2) The traffic count stations shall be installed at such specific locations as determined by the City Engineer during processing of the applicable improvement plans. (Engineering) GRADING AND DRAINAGE 65. The Applicant shall provide drainage improvements in accordance with the Otay Ranch Village Six SPA Preliminary Regional Drainage Study: Major Drainage Patterns and Facilities, dated August 28, 2001, or as otherwise approved by the Director of Public Works. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. (Engineering) 66. Prior to approval of any ;,'fading pernlit or any other grant of approval for constructing the proposed retention/detention basins, whichever occurs earlier, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that the design of the proposed retention/detention basins would reduce the 5-, 10-, 25-, 50- and 100-year post- development peak flows, to any natural drainage course to an amount not exceeding pre- development conditions. (Engineering) 67. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintain cd Open Space lots. (Engineering) Page 26 of 51 33 68. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 69. Prior to the issuance of any grading permit which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site b'Tading. (Engineering) 70. Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 71. Provide improved all-weather access with H-20 loading to all public storm drain clean- outs or as otherwise approved by the City Engineer. (Engineering) 72. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) designed for H-20 loading and heavy broom finish for any access road with grades of 10% or greater. All other access roads must be asphalt concrete designed to carry H-20 loading. In addition, maintenance pads adjacent to the inlet structures shall be a minimum of 6-inch PCC (reinforced with #4 bar at 18" on center each way) designed for H-20 loading with a heavy broom finish. (Engineering) 73. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering) 74. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 75. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Pennit for Stonn Water Discharges Associated with Construction Activity and shall implement a Stonn 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 construetion control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development Page 27 of 51 3t/ ----~-~._-_..__._._---_...,_.-...._" process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The applicant shall design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. The San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01). The permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development. The Applicant shall comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. (Engineering) 76. Submit to and obtain approval from the City Engineer and Director Building & Park Construction for an erosion and sedimentation control plan as part of grading plans. (Engineering, Building & Park Construction) 77. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 del,'Tees from perpendicular to the contours. (Engineering, Building & Park Construction) 78. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: I 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 from and/or running through City Open Space are not routed through private property. Brow ditches and channels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 79. Indicate on all affected grading plans that all walls, which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. (Engineering) 80. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director Building & Park Construction. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering, Building & Park Construction) 81. Provide a minimum of three (3) fect of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) Page 2X of 51 3S- 82. Provide a setback, as determined by the City Engineer based, on Applicant's Soils Engineer recommendations, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer will not approve the creation of any lot that does not meet the required setback. (Engineering) 83. Prior to the issuance of the first grading permit for the Project the Applicant shall submit for approval by the City Engineer, a horizontal and vertical alignment study for Birch Road from La Media Road to SR-125. A copy of the approved study shall be forwarded by Applicant to Caltrans and California Transportation Ventures. (Engineering) 84. Construct temporary de-silting basins to the satisfaction of the City Engineer. The exact design and location of such facilities shall be based on hydrological modeling and determined pursuant to direction by the City Engineer. (Engineering) 85. Developer shall submit a drainage study to the satisfaction of the City Engineer with each grading permit application showing that any interim conditions do not adversely impact downstream flows. (Engineering) 86. Prior to issuance of grading permits, applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Village Six SPA Plan consistent with the landform grading policies described in the City's General Plan. Said 6'Tading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning & Building) 87. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City ofChula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order Page 29 01'51 3h No. 2001-01, NPDES No. CASOl08758 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, 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 ofthese 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 88. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: a. Be located at the centerline of strects or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c. Not be in the wheel tracks on Promenade Streets and higher street classifications; and, d. Meet Regional Standard Drawing M-4 (Locking) if located within intersections of Class I Collectors and above; and, c. Have improved all-weather paved l2-foot wide minimum access to withstand a H-20 vehicle load as approved by the Dircctor of Public Works; and, f. Be provided at all changes of alignment of grade. (Engineering) 89. Prior to the first final "A" map, the Applicant shall agree to participate and shall thereafter participate in any necessary funding for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. The sewer trunk monitoring program shall include an analysis of the remaining capacity of the Poggi Canyon/Date-Faivre sewer system. The analysis shall demonstrate to the satisfaction of thc City Engineer that sufficient capacity exists for the number of EDUs contained in all final map for the Project submitted to the City pursuant to the limits set forth in the PFFP and the memorandum from the Director of Public Works entitled "Threshold Capacity of Poggi Canyon Trunk Sewer", dated February 19, 2001. The analysis shall include all flows, including pumpcd flows, cntcring thc Poggi Canyon Trunk Sewer, not just from Village Six, or from within the Poggi Canyon gravity basin. 90. The Village Six sewer improvements shall be consistent with the following technical studics: McMillin - Otay Ranch Village Six Sewer Study, dated August 200 I; Addendum Summary Sewer Technical Studies for Otay Ranch Village Six, dated September 20, Page 30 of5] 37 2001; and the Overview of Sewer Service for the Otay Ranch Company Village Six, dated August 31, 2001. (Engineering) 91. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of 1% and/or a velocity of 2' per second, or as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 92. Grant on the appropriate final "B" Map a 20-foot minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. (Engineering) PARKS AND OPEN SPACE 93. The Village Six Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. This requirement shall be satisfied in a future local park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director Building and Park Construction. Developer agrees that at no time shall there be a deficit in local parks for the project. Common useable open space (CUOS) Lot #OS-2l shall not receive park credit. (Building and Park Construction) 94. Developer shall satisfy its community parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director Building and Park Construction. (Building and Park Construction) 95. Prior to approval of each final "B" Map, or prior to issuance of building permits for condominiums, community apartments, or stock-cooperatives not requiring the filing ofa final "B" Map, the Applicant shall pay all applicable parkland acquisition and development fees (PAD Fees) and/or dedicate land to the City in accordance with C.V.M.C. Chapter 17.10, subject to the approval of the Director Building and Park Construction. (Building and Park Construction) 96. Prior to approval of the first "A" map for the Project, the applicant shall submit a letter to the Director Building and Park Construction acknowledging that the City is in the process of preparing and adopting a City-wide Parks Master Plan, and agreeing to comply with the provisions of said plan as adopted and as it affects facility and other related requirements for the Project's parks. (Building and Park Construction) Page31 of 51 38 97. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 98. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director Building and Park Construction of a comprehensive "Project Landscape Master Plan". Such approval shall be indicated by means of the Director Building and Park Construction signature and date on said Plan. The contents of the Landscape Master Plan shall conform to the City staff checklist and include the following major components: a. Landscape Concept; b. Trail Plan; c. Wall and Fence Plan to include the previously approved noise barrier plan; d. Brush Management Plan, identifying three zones and treatment, if any; e. Maintenance Responsibility Map which delineates of private and public property and indicates the maintenance responsibility for each; f. Planting Concept Plan; and g. Master Irrigation Plan Upon request of the Director Building and Park Construction, Applicant shall update the Project's Landscape Master Plan to conform to any changes made subsequent to the initial approval of the Plan. (Building and Park Construction, Planning and Building, Engineering) 99. The wall and fence plan for the Project shall be included in the Project's Landscape Master Plan and shall indicate color, materials, height and location. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. All walls shall be constructed pursuant to EIR 98-01 and the Village Six SPA Plan. (Engineering, Planning, Building and Park Construction) 100. Within 90 days of approval of the applicable final "B" map, enter into a maintenance agreement and grant easements as necessary for landscaping and improvements maintained by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, Building and Park Construction) 101. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, obtain the approval of and secure to the satisfaction of the Director of Planning & Building all landscape, trail and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install landscape, trail and irrigation slope erosion control in accordance with approved plans no later than six Page 32 of 51 :39 months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape, trail and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, Building and Park Construction) 102. Applicant shall install underground utilities to the property line of the Project's park site (P-l) to the satisfaction of the Director Building and Park Construction and the City Engineer concurrently with the installation of 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) TRAILS 103. 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 cul-de-sac at the north end of Oak Point Drive down to Olympic Parkway. 2) A 6' wide neighborhood trail connector within a 12' easement from the cul-de-sac on the west end of View Park Way down to La Media Road. 3) A 6' wide neighborhood trail connector within a 12' easement from the intersection of Vendola Street and Bellagio Street down to Magdalena Avenue. Final trail design, alignment and construction details, including fencing and signage shall be subject to approval by the Director Building & Park Construction and the Director of Planning & Building. (Building and Park Construction, Planning & Building) 104. 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) I 05. 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 nccessary to comply and remain in compliance with the adopted Greenbelt Trails Master Plan. (Building & Park Construction) 106. 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 conidor 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 Page 33 of 51 ~~ Park Construction. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination of low retaining walls and modified landform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (Building and Park Construction) 107. The graded section upon which six-foot wide connector trails, located within the Project, are constructed shall be 12 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on one side (shoulder graded at 2% max.) and a 4' graded shoulder on the side of the trail bed adjacent to the down slope (shoulder graded at 2% max.). Trail construction materials shall be subject to the approval of the Directors of Public Works and Planning and Building. (Building and Park Construction, Public Worh.) 108. 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) 109. Applicant agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for: U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. (Building & Park Construction) 110. Prior to the issuance of each street construction permit for the Project, the Applicant shall prepare and secure, to the satisfaction of the City Engineer and the Director Building & Park Construction, for parkway and mcdian landscape and irrigation plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Six SPA Plan, as may be amended from time to time. Applicant shall install all improvements in accordance with approved plans to the satisfaction of the Director Building & Park Construction and the City Engineer. (Building & Park Construction, Engineering) OPEN SPACE/ASSESSMENTS 111. 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 Page 34 of 51 ~/ -"~'''~---'-'"''--'''-_._----''-''^.-" ._-'--_._-""----~'-,",-_."'-----_.. .~._.'--' ' Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first map. Along with submission of the application package for formation of the CFD, Developer shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. All costs of fonnation 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 infonnation and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the fonnation of the proposed open space district. (Public Works) 112. 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 Engincer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas. may expose the City to liability. Developer agrees to establish a MHOA that will hold the City hannless 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 Page 35 of 51 ,/2- said improvements. These lists shall include but are not limited to the following facilities and improvements: I. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: I) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. ll. Medians and parkways along Olympic Parkway, La Media and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. lll. 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) 113. 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) 114. Prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: I. All open space lots that shall remain private, 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 of the holders of first mortgages or property owners within the MHOA. Page 36 of 51 ~3 c. The MHOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 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 writtcn on a pcr occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction ofthe 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 arc private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpctuity. I. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project. J. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 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 thc Homeowners Association members. (Engineering) 115. Future property owners shall be notificd 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) Page 37 of 51 tjf' 116. An HOA shall be responsible for the maintenance and operation of all facilities within the Common Usable Open Space Areas. The facilities to be maintained include, but are not limited to: pavements, sidewalks, street trees, street lights including power supply, private drainage facilities and landscaping of private common areas. Lot OS-21, a Common Usable Open Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and contain amenities to the satisfaction of the Director Building and Park Construction. Construction shall be completed prior to the issuance of the final building permit in either Neighborhoods R-l or R-3, whichever occurs earlier. Lot OS-2l shall have a minimum usable area of 0.7 acre. Lot OS-21 shall be maintained by the Master Home Owner's Association and will, therefore, receive CPF credit. (Engineering, Building & Park Construction) 117. 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) 118. 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) 119. Prior to approval of each Final Map, provide proof to 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) 120. 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) 121. 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 Devcloper, according to the following: Page 38 of 51 ~.s 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 Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six month's of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director Building & Park Construction. (Engineering, Building & Park Construction) WATER 122. 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) 123. 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) 124. Prior to approval of each Final Map, the Applicant shall present verification to the City Engineer in the form of a letter from Otay Water District that Otay Water District is able to provide sufficient water supply pursuant to Section 66473.7 of the California Government Code, as may be amended from time to time. EASEMENTS 125. 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) 126. 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) Page 39 of 51 i/~ 127. Grant on the applicable final Maps sight distance easements to the City of Chula Vista for comer lots, as required by the City Engineer to keep such areas clear of any obstructions. Sight distance easements shall be shown on applicable grading plans, improvement plans, and final maps, to the satisfaction of the City Engineer. (Engineering) 128. Design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. (Engineering) 129. 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) 130. 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) 131. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 132. Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 133. 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 pubJic easement or right-of-way. (Engineering) 134. The developer shall notify the City at least 60 days prior to consideration of the first map by City if any off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only otf-site right-ot~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 casements. Said estimate to be approved by the City Engineer. Page 40 of 51 t/7 c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off- site improvements as required by the City Engineer. (Engineering) 135. Grant on the final maps minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 136. 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) 137. 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 rcquired by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 138. 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 casement or right-of-way. (Engineering) 139. Grant on the appropriate final map, a 20-foot minimum sewer and access easement for sewer lines located between residential units, unless otherwise required by the City Engineer. All other easements shaH meet City standards for required width. (Engineering) AGREEMENTS/FINANCIAL 140. Enter into a supplemcntal agreement with the City, prior to approval of each Final Map, where the developer a,,'Tees to the foHowing: a. That the City may withhold building pern1its for the Project if anyone of the following occur: Page 41 of 51 t/B 1. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. II. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 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, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in thc defense. Page 42 of 51 tff c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies 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 ll. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby convcys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning & Building) d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering) 141. 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 ofregional facilities. (Engineering) 142. 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) Page 43 of 51 s-o ~-"""'------"---'--' ---_.__._._-----_._...---~-,._-- 143. 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 Workl) 144. The Applicant shall be required to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Applicant shall enter into an agreement, prior to approval of the first map, with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. (Engineering) 145. The Applicant shall enter into an agreement with the City, prior to approval of the first "A" map, to fund the cost of transit facilities. Said facilities, including but not limited to "transit stops" shall be designed and constructed in a manner as approved by the City's Transit Coordinator and Director of Planning and Building. (Planning and Building, Engineering) 146. Prior to approval of the applicable final map, Applicant shall construct and secure, or agree to construct and secure, the construction of transit stop facilities as set forth in the PFFP. The schedule for constructing the transit stops shall be approved or determined by the City Engineer prior to approval of the aforementioned final map. Applicant shall design, subject to the approval of the City Engineer said transit stops in conjunction with the improvement plans for the related street. The City Engineer may require that Applicant provide security guaranteeing the construction of said transit stops in a form of cash or any other form approved by the City Engineer at his/her sole discretion. Since transit service availability may not coincide with project development, the Applicant shall install said improvements when directed by the City. (Public Works/Transit) 147. No final "B" maps may bc 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) 148. 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 Page 44 of 51 s-/ ______._,..._______._._u_ any potential future regional benefit assessment district formed to finance the transit system. (Engineering) 149. 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 150. The applicant shall deliver to the Chula Vista Elementary School District, a 10-net useable acre graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, prior to issuance of the l,osOth residential building pennit (352 students) within Village Six SPA. The all-weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. (Planning and Building) MISCELLANEOUS 151. 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) 152. The Applicant agrees that the maintenance and demolition of all interim facilities (public facilities, utilities and improvements) is the Applicant's responsibility, and that construction, maintenance and demolition bonds will be required to the satisfaction of the City Engineer. (Engineering) 153. Within thirty (30) days of the City Council approval of these map conditions, or prior to the submittal of the first map for the project, whichever occurs earlier, the Developer shall submit a digital drawing file of the tentative map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines ( closed polygons) Page 45 of 51 52- 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 y,' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 154. Submit copies of all subsequent tentative maps, final maps, grading and improvement plans in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the maps shall combine all map sheets into a single CADD drawing, in DXf, DWG or ArcView (GIS) format and shall contain the following individual layers: a Tentative and/or final Map Boundaries (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The tentative map, final map, grading plan and improvement plan digital files shall also conform to the City of Chula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 \1," disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 155. Tie the boundary of the subdivision to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 156. 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 0 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) Page 46 of5\ S-3 157. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. (Planning and Building) 158. 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 guarantec that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acccptable to the City in an amount determined by the City to guarantee the rchabilitation of the land if the applicable final "B" Map does not record. (Engineering) PHASING 159. 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) 160. 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 Dircctor 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 rcserves thc 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) 161. Thc Public Facility Financc Plan or revisions thcreto 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 outsidc of the project area. Throughout the build-out Page 47 0[51 ~'I of Village Six SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Six SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Six SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development 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) 162. Unless access, drainage and utilitics are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning and Building, prior to approval of any final map proposing the creation of multi-family housing for the Project, including Neighborhood R-lO as a condominium project, community apartment project, or stock cooperative, as defined in the applicable sections of the Government Code, Developer shall agree to process, and thereafter process" a subsequent tentative map for said proposed condominium, community apartment, or stock cooperative project in said Planning Area pursuant to Section 66426 of the Subdivision Map Act. (Engineering, Planning & Building) CODE REQUIREMENTS 163. The Applicant shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 164. 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. Page 48 of 51 s-s- Pay the amount of said fees In effect at the time of issuance of building permits. (Engineering) 165. 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) 166. 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) 167. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: thrcshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) 168. Applicant shall provide on the Final Map and related plans east-west connections along Park View Way (Street "I") between Trail Wood Drive and Heather Wood Drive on the north and south sides of Lot OS-21 with 20' wide, one-way drives. Traffic signs shall be installed that direct traffic in a counter clock-wise direction around Lot OS-21 and prohibiting parking along the 20' drives. The streets shall be constructed and all work shall be done to the satisfaction of the City Engineer. (Engineering, Planning) 169. The access ramp from Birch Road to CPF-2 shall serve only development on site CPF-2 unless a private high school is approved for the R-IIIS-2 site, in which event the private high school shall be provided access rights to use the access ramp as its primary point of cntry. In the event R-ll/S-2 is developed under the residential alternative as described in the Village Six SPA Plan, no access shall be permitted to Birch Road from R-Il. (Engineering, Planning, Building and Park Construction) 170. Applicant shall take all necessary steps to ensure that the CPF-2 and R-ll/S-2 sites and any adjoining open space lots have adequate erosion and dust control measures, such as hydroseed, all to the satisfaction of the City Engineer. Applicant shall thereafter maintain the measures until such time as the sites are developed. If the work cannot be completed prior to expiration of the grading permit, the Applicant may request an extension, which may be granted at the discretion of the City Engineer. Such a request shall be submitted for approval in writing to the City Engineer sufficiently in advance of the end of the expiration date to allow processing of the extension request. Applicant shall remain in compliance with NPDES. (Engineering, Planning, Building and Park Construction) 171. 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 Page 49 of 51 ~~ 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. 172. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin an wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Applicant shall work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 173. Developer shall dedicate to the City, or the City's desil,,'nee, the property interests necessary for the provision of any and all "utility services" to each lot and unit within the Tentative Map area. Developer shall make such dedication(s) at such time(s) and in such forms as will be required by the City Engineer. For purposes of this condition "utility services" shall mean electricity, natural gas, cable television, telecommunications (including video, voice and data) and other similar services designated by the City. "Utility services" shall not include sewer and water services, which are addressed by othcr conditions of this approval. The City, or the City's designee, will utilize the utilities services property interests for the installation, operation and maintenance of the underground and aboveground infrastructure and appurtenances necessary to support the delivcry of cach of the utility services, and related public purposes. To the extent off-site property interests are required to support the installation or operation of the utilities services infrastructure, Developer shall be responsible for acquiring and dedicating such interests, at Developer's cost, in accordance with the general off-site acquisition conditions contained in this approval. Developer shall enter into an agreement with the City, or City's designee, that specifies all the terms and conditions for the design and installation of the utilities services infrastructure. Developer shall enter into such agreement prior to obtaining City approval of a construction permit, or subdivision improvement agreement, that permits Developer to construct infrastructure improvements that are typically constructed concurrent with the trenching for and installation of utilities services infrastructure. Such agreement shall include, without limitation (I) provisions for Developer financing of the facilities on terms substantially similar to (or more favorable to the Developer than) those financial terms contained in the then current agreements with the incumbent utility service providers, and (2) a schedule for installation that does not materially delay or impede Developer's City-approved subdivision improvements construction schedule. The design of the utilities scrvices infrastructure, and the specific location of the utilities services property interests, shall be determined by the City, or the City's designee, in accordance with applicable industry standards, but only after consultations with the Developer for purposes of obtaining Developer input on how best to design and locate the utilities systems to maximize the aesthetic and functional compatibility with other public and private facilities within and adjacent to the Tentative Map area. City shall determine in Page 50 of 51 ~7 ..-.------------.--...-.....-..- accordance with all applicable federal, state and local laws and agreements whether or not the City, or a City designee, shall own the utilities services infrastructure and/or be responsible for the delivery of the utilities services. However, in the event that the City, or the City's designee, cannot reasonably accommodate Developer's construction schedule, and the franchised, or otherwise City-approved, incumbent utility service provider(s) demonstrates the capability to meet such schedule, then, subject to City's prior reasonable approval, Developer may elect to have the incumbent utility service provider(s) install and operate the relevant utility system pursuant to the terms of a separate agreement between Developer and such incumbent utility. Developer costs expended on properties or facilities that substantially support the delivery of utilities services outside the Tentative Map area may be subject to reimbursement to the proportionate extent of such extra-territorial services. END OF CONDITIONS H:\PLANNI~G\Otay _Ranch\Village _6\ V6_ TI\'1_ StufflI\1cI\1i11in's_ TJ\.I\V6 _1\kl\'l_ TM_ CC_ RESO.doc Page 51 of 51 sa I Attachment 5 TIIE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-0 I, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g" owner, applicant, contractor, subcontractor, material supplier. McMillin Otay Ranch, LLC 2. If any person- identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Merced Partners Limited Partnership, a Delaware Limited Partnership McMillin Companies, LLC, a Delaware Limited Liability Company 3. If any person- identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identif'y every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before tbe City in this matter. Bob Pletcher Frank Zaidle Ken Baumgartner Denny Cuccarese Kelly Thene 5. Has any person- associated with this contract had any frnancial dealings with an official-- of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_No~ S9 I Attachment 5, cant. If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 7. Have you or any member of your governing board (Le. Corporate Board of DirectorsIExecutives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes_No -X- _ If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source ofincome, money to retire a legal debt, gift, loan, etc.) Yes _ No X If Yes, which official"" and what was the nature ofitem provided? Date: 4~~). Signature of Contra I Applicant . ~Ic.. ~19c..G Print or type name of Contractor/Applicant " Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. "" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H:IHOMElENGINEERIADMIN\CONTRAC1\DISCLOSE.DOC (pO