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Home My WebLink AboutAgenda Packet 2004/10/12 CITY COUNCIL AGENDA October 12, 2004 5:30 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ , --- --- -- ---~. -- - -- - ~~------ CllY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** October 12, 2004 -..:.\ e under penalty of perjury that I am T,ioyed by the City of Chula Vista in the :'1C8 of the City Clerk and that I posted th '(cument on the bulletin board accordjn~ ',~o'Nn Act requirements. , ? AGENDA "cd 1(4;dV Signed '-~~ 5:30 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · RECOGNITION BY DAN BEINTEMA, NATURE CENTER DIRECTOR, OF THE EXTRAORDINARY EFFORTS OF THE CHULA VISTA NATURE CENTER BIRD CREW, AND CELEBRATION OF THE RELEASE OF THE ONE-HUNDREDTH CRITICALL Y -ENDANGERED, LIGHT -FOOTED CLAPPER RAIL INTO THE WILD · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BOB MCGLADE, VICE-CHAIR OF THE CULTURAL ARTS COMMISSION, DECLARING OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH · INTRODUCTION AND RECOGNITION BY FIRE CHIEF PERRY OF LINDA D'ORSI, K-9 HANDLER, AND OF CODY FOR RECEIVING CERTIFICATION AS A SEARCH AND RESCUE DOG CONSENT CALENDAR (Items 1 through 5) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of September 9, 2004. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC DRAINAGE EASEMENTS WITHIN ASSESSORS PARCEL NO. 595-232-26-00 AT 955 LANE AVENUE A request was received to vacate public drainage easements within the property located at 955 Lane Avenue, owned by Otay Lakes Partners, LLC. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda October 12, 2004 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $82,990 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITIES REPLACEMENT FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $232,442 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITIES REPLACEMENT FUND FOR EQUIPMENT COSTS FOR PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) PBS&J was hired to prepare an update to the City's Wastewater Master Plan, a component of the City's on-going General Plan Update. Part of their initial findings was that 200,000 linear feet of video inspections should be conducted annually in order to determine the condition of the sewer system. Consequently, Public Works Operations is requesting a two-person crew and TV van to specifically video all the City's wastewater lines. (Continued ITom October 5, 2004.) (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $48,000 FROM THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS - FISCAL YEAR 2004/2005 PROJECT (STL-297) TO THE ADA CURB CUTS PROGRAM - FISCAL YEAR 2003/2004 PROJECT (STL-292), FOR UNANTICIPATED CHANGE IN SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 1 FOR THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL YEAR 2003/2004 IN VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA (PROJECT STL-292), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Adoption of the resolutions approves additional construction required for the Americans with Disabilities Act (ADA) Curb Cuts Program to comply with new standards for pedestrian ramps and bus stop area bench pads in various locations of the City. The proposed resolutions also allow for the transfer of funds for unanticipated changes in scope of work, and approve change order no. 1 for the project. (Continued ITom October 5,2004) (Director of General Services, Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda October 12, 2004 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 WORKERS' COMPENSATION BUDGET TO COVER CLAIMS COSTS, AND APPROPRIATING $799,762 THEREFOR (4/5THS VOTE REQUIRED) The City's Excess Workers Compensation Policy is a reimbursement policy, meaning that the City must ITont costs prior to receiving funds ITom the carrier. In order to meet this requirement this budget amendment and appropriation of funds is required. (Director of Human Resources) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE AND AMENDING ORDINANCE NO. 2617 Adoption of the urgency ordinance modifies the eXIstmg Salt Creek Sewer Basin Development Impact Fee and amends Ordinance No. 2617. This urgency ordinance enables the City to continue to collect the new fee during the 60-day waiting period before the regular ordinance becomes effective. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 (4/5THS VOTE REQUIRED) Page 3 - Council Agenda October 12, 2004 7. CONSIDERATION OF CERTIFICATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT, PLANNED COMMUNITY DISTRICT REGULATIONS, SECTIONAL PLANNING AREA PLAN (PCM 04-05), AND TENTATIVE MAPS FOR OTA Y RANCH VILLAGE SEVEN Adoption of the resolutions and ordinance approves the sectional planning area plan, tentative maps, and supporting regulatory documents, for Otay Ranch Village 7, located between the future extension of La Media Road and the alignment of SR-125, south of Birch Road. In accordance with the requirements of the California Environmental Quality Act, a second tier environmental impact report was prepared to analyze the environmental impacts of the proposed sectional planning area plan and tentative maps. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, adopt the following resolutions, and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 04-06) FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAPS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN (PCM 04-05) WEST OF THE FUTURE SR-125, SOUTH OF BIRCH ROAD, EAST OF LA MEDIA ROAD, AND NORTH OF ROCK MOUNTAIN ROAD C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH, VILLAGE SEVEN D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT 05-07 E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OT A Y PROJECT L.P., CHULA VISTA TRACT 05-09 Page 4 - Council Agenda October 12, 2004 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING IN CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SAN DIEGO GAS AND ELECTRIC REGARDING PROPOSED TERMS FOR THE GAS AND ELECTRIC FRANCHISES In 1972 the City granted an electric ITanchise to San Diego Gas and Electric (SDG&E), which was extended in 1998 and expired in June 2003. Under the terms of the proposed Memorandum of Understanding, SDG&E will continue to deliver electricity and natural gas to the residents and businesses of Chula Vista. (City Manager) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC REGARDING PROPOSED TERMS FOR THE GAS AND ELECTRIC FRANCHISES ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS 11. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . ARB v Eastlake (SDSC #GIS15582) ADJOURNMENT to the Regular Meeting of October 19,2004, at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda October 12, 2004 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 9, 2004 4:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:18 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilrnembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 1. PRESENTATION BY THE UNIVERSITY WORKING GROUP OF THE PROPOSED UNNERSITY PARK AND RESEARCH CENTER AT CHULA VISTA The Council established a policy to attract an institution of higher education to a site set aside for this purpose within the Otay Ranch area of the City's General Plan. As pact of the City's Economic Development Strategy, the City has identified "educational excellence" as one of its top twelve goals, including the development of a new, full- service campus, which contributes to the community's prestige and intellectual capital and supports other economic development goals. Community Development Director Madigan thanked Councilrnembers Salas and Rindone for their leadership on the committee and also thanked and introduced the other members of the working group and the project consultants. Director Madigan then made a presentation on the process to date, findings and assets, and the importance of U.S. /Mexico relations. Rod Rose, the project consultant, presented steps to create a 21st century higher education model. Director Madigan then discussed the University Park and Research Center concept, including the approximate distribution of acreage for the center. Barbara Maloney presented the General Plan UpdatelUniversity Land Use and Site Analysis. Mayor Padilla acknowledged the Southwestern College Board members present at the meeting. George Kost expressed the importance of locating the site next to the Olympic Training Center and asked the time1ine to implement the proposed plan. Director Madigan replied that a very general Land Use Plan will be presented to the Council by the end of the year, followed by a more detailed Master Plan subsequent to Council's approval of the General Plan update. I UNIVERSITY PARK AND RESEARCH CENTER (Continued) Nick Aguilar, representing the San Diego County Board of Education, thanked the working group and Council for bringing forward the opportunity for a university site. He was hopeful that Southwestern College would agree to become a partner in the plan, since he felt it would be critical for the benefit of the students. He also expressed the need to designate a university site as soon as possible to avoid having the land revert back to developers for housing. Patricia Aguilar, representing Crossroads II, thanked Mayor Padilla and Councilmembers Salas and Rindone for their leadership and stated that Crossroads II fully supports the proposal and stands ready to participate in moving forward with the plan. She suggested that Council focus on 550 acres for the core campus and think long-term in terms of acreage to accommodate growth in the community. With reference to the proposed regional teclmology park, she suggested that allowable uses be limited to research facilities and uses that are complimentary to a great university. Ian Gill commented that in order for the proposed plan to succeed, infrastructure and sufficient land must be available. He suggested that incentives be provided to the developers to assist in setting aside enough property to allow the project to reach its full potential. Rudy Ramirez asked if GTI was familiar with the City's energy posture regarding Community Choice Aggregation (CCA), and whether or not there would be room for collaboration. Director Madigan responded that GTI is excited about the City's proactive energy stance. Mayor Padilla affirmed that GTI is aware of the City's history of sustainability-oriented efforts in many areas. Lupita Jiminez questioned the funding source for the proposed plan. Mr. Rose responded that there is no way to identify the funding source until the relevant partners and collaborators have been identified. Margie Ferries supported the concept of a global energy center and asked how aggressive the City would be in the national selection process. Mayor Padilla replied that discussions are occurring between academics and policy makers at a multitude of levels, and there is a high level of commitment and willingness by the City to network and lobby to make potential investors and institutions aware that the City is serious. Glen Davis, former project director of redevelopment projects for San Diego State and San Marcos State campuses, stated that the proposed university should be considered as urban-type inrrastructure. He spoke in favor of faculty and staff housing, the idea of a walking university, and mass transit; and suggested setting aside areas in the City where corporate offices and manufacturing could tie into the proposed corporate research center. Joy Blake, Academic Center President for Southwestern College, asked about the number of new students who might be attracted to the area and whether students would be employed in the new industries. Director Madigan replied that the partners who come together on the project will be the decision-makers. Councilmember Rindone commented that it is the Council's intent to tie industry and the economic engine into the educational level. Page 2 - Council Minutes September 9, 2004 UNIVERSITY PARK AND RESEARCH CENTER (Continued) Councilmember McCann expressed the need to meet the needs of the underserved community in the region and to focus on the three major goals of access, distinction, and economic development. He stated the importance of ensuring that the citizens in the region obtain the type of education that gives them the opportunity to compete for top-paying jobs nationally. Deputy Mayor Salas expressed her gratitude to Council, staff, and members of the community for the opportunity to work on the university proj ect. Councilmember Rindone asked staff to come back with a timeline for the next steps and to conduct community workshops throughout the City to discuss concepts, increase community input, and develop the next steps for the plan. No action was taken on this item. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 6:22 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of September 14, 2004, at 6:00 p.m., in the Council Chambers. .---:;.: ~t0...-I~iJ f' ~ Susan Bigelow, MMC, City Clerk Page 3 - Council Minutes September 9, 2004 COUNCIL AGENDA STATEMENT "II·, Item", Meeting Date 10/12/04 ITEM TITLE: Resolution Ordering the Summary Vacation of public drainage easements within Assessors Parcel No. 595-232-26-00 at 955 Lane Avenue. SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City Manager~~Qr (4/Sths Vote: Yes_NoX) A request has been received to vacate public drainage easements witllln the property located at 955 Lane Avenue, owned by Otay Lakes Partners, LLC. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation. RECOMMENDATION: That Council adopt resolution BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: On July 20, 2004, Otay Lakes Partners, LLC, owner of property at 955 Lane Avenue, submitted an application to the City to vacate one drainage easement in its entirety and a portion of another drainage easement within their property. The drainage easements were granted to the City Of Chula Vista per PM 18476 File No. 2000- 255675, O.R. and per Document Recorded May 15,1986 as File No. 86-192753, O.R. The portion of drainage easement 200-255675 that cuts diagonally across the property is no longer needed and can be vacated because the storm drain facility was constructed in the portion of the easement nmning along the easterly property line. There are no existing drainage facilities within the portion of the easement to be vacated. Drainage easement, File No. 86-192753, is also no longer needed and can be vacated. This easement was created to ultimately drain tllls area, until the storm drain system was redesigned and constructed along the easterly property line. There are no existing drainage facilities within this easement. Chapter 4, Section 8333( c) ofthe California Streets and Highways Code states that an easement may be summarily vacated if the easement has been superseded by relocation and there are no other public facilities located within that easement. The Public Works Operation has been notified of this vacation proposal and has no objection. 2-1 Page 2, Item {)..., Meeting Date 10/12/04 The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Upon vacation ofthe public drainage easements the full use of the land will revert back to the current owner since this easement was granted for drainage purposes only. FISCAL IMP ACT: The costs related to the processing ofthis request for vacation are being paid for by a deposit of monies by the applicant under the City's Full Cost Recovery System. Attachment - Plat showing vacation BVH J :\Engineer\PERMITS\Pv\PY086.agendastatement.doc 2-2 ~ LOT 'G' CHULA V1STA T/?ACT NO. 00-02 a 41ST. DRAINAGE ESl./T. [ASTLAKE BUS/NESS ŒNTER, if PHASE 2 DEDlCA TED PER PM 18475 AS ALE MAP NO. 14395 NO. 20GO-255675, O,R. e EX/STI¡1/s' 4fY' jTIJ/<.M DM/tV NIl '28 '14 "W - - - - - -l -J2..tO'- -+- _ _ _ _ _ ......:... - -"'- -m1'2m"--W- 33/.14'-- c::¡ "" a. EXiST. IJRAINAGE [SAlT. I <:::;:) DEDICATED PER PM 18476 AS ALE P A Fr eEL 1 r ]1 NO. 2000-255675, O.R. ~ * . £»Sl OR_" ,,""", " I~ 7.->..>..,/ PER Doc. R£C. MA Y, 1986 ~ 134' ff¿.- AS ALE NO. 86-192753, aR. \ ' ~. 7' {:>".,56- \::;¡ ~I 6--j . . \ ~~I .:;¡ tI) I.'" ~. l..J !>:o !'i«> ~ ¡---------II\'On / /'->0.6',.:' T.P.O.B. ~ ~ ~ '"' i I ~. ~ ~ I <'6'~ I ~ oo",J I I 194198 I I I I I ~70E"'If- 110.85 I ,J- A N E ~ ~ V E N Uf --1 Co \ I -P '<"->Q ".. ?o <:'l.. ..,:>.... <" PARCH f1' PARCEL I I PAIR C [L I BASIS OF BEARINGS: PARCEL 2 MAP THE BASIS OF B£ARlNGS FOR THIS PLAT /S THE SDUTHERLY PROPERTY UN[ OF PARCEL 1 OF PARCEL MAP NO. 19498; /.£ N78'JJ'J8"[ LEGENO: --- PROP£RTY UNE DRAINAGE [ASEMENT VACA770N - PARCEL ~' AR£A= 7,906 SF (0./82 AC) ~ DRAINAGE EASEMENT VACA 770N - PARCEL '8' AR£A= 895 SF (0.021 AC) TH/S PLA T WAS PREPARED BY M[ OR UNO£R AlY OIRECllON MIGUEL A. MART/NEZ P.L.S. 744J DATE -- ~~..- - . / "" 80.' p. 0.8. -- -- PARCEL '8' ~ Bk ).... I 5>1"'~ '" ~1§..., '"' '" I " '" '" - "c!!:" ...... '" - <:::;:) '\ CITY OF CHULA VISTA DRA/NA GE EASEMENT VA CA TlON . PARCEL 1 P~ 19498 07-13-04 I" = 60' DRAWN BY: PARTNERS ENG'G. SHEET: 1 OF I RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC DRAINAGE EASEMENTS WITHIN ASSESSORS PARCEL NO. 595- 232-26-00 AT 955 LANE AVENUE WHEREAS, the proposed summary vacation would vacate a drainage easement in its entirety and a portion of another drainage easement within the property; and WHEREAS, the existing drainage easements originally granted to the City of Chula Vista per Parcel Map No. 18476, File No. 2000-255675, and per document recorded May 15, 1986, as File No. 86-192753, O.R. are no longer needed because the storm drain facility was constructed in the portion of the easement running along the easterly property line; and WHEREAS, in accordance with Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation; and WHEREAS, rrom and after the date of this Resolution ordering summary vacation, the easements vacated as described herein no longer constitute public serviced easements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the summary vacation of a drainage easement in its entirety and a portion of another drainage easement within the property, as shown in Exhibit "A", attached hereto and incorporated herein by reference as if set forth and full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution of vacation in the office of the San Diego County Recorder. Jack Griffin Director of General Services Presented By J:\Engineer\AGENDA\955 Lane Ave Reso-Summary Vacation.doc 2-4 -- -j). ŠC.4LE,: r""'"'""- ~ 80' LOT 'G' CHULA Ii7SrA TRAG.T NO. aD-oJ' CL £)(IST. DRAINAGE ESI.IT. EASTLAKE BUSINESS CENTE/(, II PHASE 2 DEDICATED PER PM 18476 AS fiLE MAP NO. 14395 NO. 2000-255675, O.R. . , " n EX¡,STiI'lS, 46N .57ÞF#1 DrAIN NIl '28 14 IV _ J2..J1)¿ - - -L - - - -/f. - ---"- - -rm'28t1f:" If JJ/.14.L- P.O.B. -- CL EXiST. DRA/NAGE ESI.IT. D£DICA TED PER PM 18475 AS fiLE PAl? eEL NO. 2000-255675, O.R. 1 c:::::¡ '" f -11::::11 '" . .... 'ìêo h.... M... . '" ~ "". CJ") L.",¡ ~""' ",I PARCEL fI' -'0-..>): "'':'03' 4'/->;.: ,: "':t¡.. ,: . EXIST. DRAINAGE EASJ./ÐlT PER Doc. REC. .IIA Y. 19a6 AS fiLE NO. 86-192753, O.R. {:>". ',56-. PAl?CEL ,yO.9~, . ..?ó'~ -....J LEGEND: -, 7 ?/Qó'1f' IIVOg I .3ò¿6'~ ? /.,9 I . ..9,f' I 1 9 4 19 8 I [ I I 1 ORA/NAGE EASEMENT VACA770N - PARCEl. )¡' .-JC.!!!l}0J!.·,!- AREA= 7,906 SF (0.182 AC) PA/(CEL 2 1------- I I 1 PAIRCEL I BASIS OF BEARINGS' MAP THE BASIS OF BEARINGS FCI? THIS ?LA T IS THE SOUTHERL Y PROPERTY UNE OF PARCEl. 1 Cf' PARCEl. .IIAP NO. 19498; 1.£ N78"3J'J8'E . ~ $S~. ~ I .."'~ '" ~~... '" '" I II "''''''' ~ ~d::~~ 1::::1 --- PROPERTY UNE DRAINAGE EASEMENT VACA TlON - PARCEL '8' AR&1= a95 SF (0.021 AC) ~ I VENUf J I ~ fJ. A N E \ ~ THIS PLA T WAS PREPARED BY.IIE CI? UNDER AlY DIREC770N MIGUEl A. MARTINEZ P.L.s. 7443 DATE '\ 07-13-D4 SCALE: I" = 60' .PH 595-232-26 CITY OF CHULA VISTA DRAINAGE EASEMENT VACA TlON PARCEL 1 f?.l( 19498 DRAWN BY: PARTNERS ENC'C. SHEET: 1 OF 1 ..II.,,-¡:o_~'.r ....~_ "r_' '1:_"" ". .........A __ "'''',. COUNCIL AGENDA STATEMENT ItemL Meeting Date: 10/12/04 ITEM TITLE: Resolution Amending the FY 04-05 Public Works Operations budget by appropriating $82,990 based on unanticipated reimbursements from the Sewer Facilities Replacement Fund for the remainder of the current fiscal year and approving additional staff for the Wastewater Maintenance Section of Public Works Operations Resolution Amending the FY 04-05 Public Works Operations budget by appropriating $232,442 based on unanticipated reimbursements rrom the Sewer Facilities Replacement Fund for equipment for the Wastewater Maintenance Section of Public Works Operations Director of Public Works Operations' h Director of General Services/City ';2ff1/tr ~ City Manager ~~) ~ (4/5 Vote: Yes..Å.- N 0 ~ PBS&J was hired by the Wastewater Engineering Section of the General Services Department to prepare an Update to the City's Wastewater Master Plan, a component of the City's on-going General Plan Update. Part of their initial fmdings was that 200,000 linear feet of video inspections should be conducted annually in order to determine the condition of the sewer system. Consequently, Public Works Operations is now requesting a two-person crew and TV van to specifically video all the City's wastewater lines. SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council: 1) Adopt the Resolution amending the FY 04-05 Public Works Operations budget by appropriating $82,990 based on unanticipated reimbursements rrom the Sewer Facilities Replacement Fund and approving the addition of one (I) Senior Maintenance Worker and one (1) Maintenance Worker I/ll for Public Works Operations. 2) Adopt the Resolution amending the FY 04-05 Public Works Operations budget by appropriating $232,442 based on unanticipated reimbursements rrom the Sewer Facilities Replacement Fund for equipment costs for Public Works Operations. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: PBS&J was hired by the General Services Department to prepare a Wastewater Master Plan for the City. One of the components of the project was the evaluation of the conditions of the pipes 3-1 Page 2, Item ~ Meeting Date: 10/12/04 and structures that make up the wastewater collection system to determine if the system was structurally adequate. The City currently has a TV crew; this crew is more reactive and performs video activiti.es in areas where there is already an indication a problem exists. The data gathered through this process forms the basis of the City's annual Sewer Rehabilitation program. This program primarily involves the lining of approximately 3,000 linear feet of pipeline annually and has an annual budget of$300,000. When PBS&J was retained to prepare the master plan update there was insufficient data to do a system evaluation based on a review of videos rrom a global video program that would have been representative of the overall system. Since that type of data was unavailable, their analysis was based on a review of the age of the system and the useful life of the pipes that make up the system. Consequently, PBS&J determined the current level of expenditure was insufficient and needed to be significantly increased to avoid long-term impacts. They recommended the following measures: the establishment of a video program that would be dedicated exclusively to videotaping the wastewater collection system; retention of staff or consultant services to manage the video program. Furthermore, PBS&J determined the results of this effort would indicate a need for a significant increase in the budget for the Sewer Rehabilitation Program and estimated the amount to be approximately $900,000 annually for both the sewer replacement and rehabilitation program. However, since this finding was based strictly on the age of the sewer system, it did not take into account the sewer rehabilitation improvements made to the sewer system over the last 25 years because the data was not readily available. Therefore, to determine the true condition of the sewer system, approximately 200,000 linear feet of video inspections should be conducted annually. The City's wastewater system currently consists of approximately 380 miles. Annual video inspections of 200,000 linear feet amount to approximately 10 percent of the total system. To accomplish this challenging task, staff evaluated the pros and cons of contracting out this service versus using in-house staff and determined that, for a variety of reasons, it was preferable to utilize City forces in doing this work. In-House Versus Contracting. Provided below are several reasons why in-house video inspections will be more advantageous than outsourcing this service to contractors: · Familiarity with policies and software: Public Works Operations Wastewater staff is highly trained and experienced on Pearpoint equipment and Flexi-data software. City staff currently creates work orders in the Work Management System (WMS) as they run across conditions in a pipe that need immediate attention or require maintenance in the future. In previous instances where the City utilized Contractors, contractors tended to only input the severity of a condition in a report and did not notifÿ staff directly of the specific problem; · Greater efficiency in staff coordination: Public Works Operations staff work closely with the Engineering Division to provide accurate data that is reliable for Engineering to make efficient and cost effective sewer solutions. It has been staff's experience that contractors 3-2 Page 3, ItemL Meeting Date: 10/12/04 sometimes rush through inspections leaving out critical information in their printed reports. Due to inaccurate or incorrect inspection results, staff would then have to go back and review hours and hours of video tape just to make sure the information required by the Engineering Division was not only accurate but recorded on the contractor's printed reports. · Software repOrting limitations: City Closed Circuit Television (CCTV) equipment currently uses Flex-data software for inspection reports. Out-sourcing CCTV inspections would be limited to certain contactors none of whom would be located locally because of the City's software reporting requirements; · Familiarity with the collection system: City staff has better knowledge of our wastewater system than a contractor; · Continued growth: Due to continued growth of the city, a second TV crew and van is now needed to video wastewater; and · Cost: City staff provides high quality inspections at a lesser cost per foot than contractors. Sewer Cost Comoarison. Staff has determined that contracting out the required video inspection will cost an estimated $1.33 per linear feet plus staff cost for contract administration. However, by adding a new two- person TV crew and van, Public Works Operations can complete the required video inspection at a cost of only $1.12 per linear feet based on a full cost recovery factor of 3.385. Staff plans to TV approximately 200,000 linear feet annually, which represents a savings of $42,000 armually. Staff & Eauipment Reauirement. A two-person crew, one Senior Maintenance Worker and a Maintenance Worker IIII, and TV van will be required. The crew will be assigned to video the City's wastewater lines. The vehicle is necessary to keep up with the growth of the City's wastewater system. Estimated personnel costs are $63,3501 for the remainder of the current fiscal year and $107,3102 annually, thereafter. Supplies and services costs are estimated at $850 for the current year and $1,300 annually. Approval of a TV van, radio, laptop, and Flexi-Data Software are also recommended. Estimated cost is $232,442 initially (a one-time expense) and $37,580 annually for equipment maintenance and replacement costs (which are reflected in our costs for 1 Assumes a start date of 10/29/04 (@ Step D for SMW & @ Step A for MWI) and includes all benefits and salary and flex plan increases as outlined in tbe most recent memorandum of understanding between the City and CVEA. 2 Annual costs include a step increase at one year and include all benefits and a salary increase as outlined in tbe most recent memorandum of understanding between the City and CVEA. 3-3 Page 4, Item ~ Meeting Date: 1O/12íõ4 inspection). To ensure that inspections continue even if the equipment breaks down, staff will be purchasing two sets of cameras, crawlers, and lightheads. FISCAL IMPACT: The total impact to the Sewer Facilities Replacement Fund is $315,432. Of this amount, $63,350 will be allocated for personnel, $850 for supplies and services, $6,290 for equipment maintenance, $12,500 for equipment replacement, and $232,442 (one-time cost) for a TV van and equipment costs. The ongoing total cost is anticipated to increase to $146,190 annually. Of this amount, $107,310 will be allocated for personnel, $1,300 for supplies and services, and $37,580 for equipment maintenance and replacement costs. There is no impact to the General Fund. File: 0330-40-AL C;\Documents and Settings\robertb\My Docwnents\Bob\A113 TV Crew & Van.doc 3-4 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 04-05 BUDGET BY APPROPRIATING $232,442 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITIES REPLACEMENT FUND FOR EQUIPMENT COSTS FOR PUBLIC WORKS OPERATIONS. WHEREAS, PBS&J was hired by the General Services Department to prepare a Wastewater Master Plan for the City; and WHEREAS, one ofthe components ofthe project was the evaluation of the conditions ofthe pipes and structures that make up the wastewater collection system, to determine ifthe system was structurally adequate; and WHEREAS, the data gathered through this process forms the basis of the City's annual Sewer Rehabilitation program; and WHEREAS, when PBS&J was retained to prepare the master plan update, there was insufficient data to do a system evaluation based on a review of videos rrom a global video program; and WHEREAS, since that type of data was unavailable, their analysis was based on a review of the age of the system and the useful life of the pipes that make up the system; and WHEREAS, PBS&J determined that the current level of expenditure was insufficient and needed to be significantly increased to avoid long-term impacts; and WHEREAS, PBS&J recommended the following measures: the establishment of a video program that would be dedicated exclusively to videotaping the wastewater collection system; and WHEREAS, PBS&J further determined that the results of this effort would indicate a need for a significant increase in the budget for the Sewer Rehabilitation Program, and estimated the amount to be approximately $900,000 annually for both the sewer replacement and rehabilitation program; and WHEREAS, approximately 200,000 linear feet of video inspections should be conducted annually in order to determine the true condition of the sewer system; and WHEREAS, to accomplish this challenging task, staff evaluated the pros and cons of contracting out this service versus using in-house staff and determined that it was preferable to utilize City forces for doing this work; and WHEREAS, the total impact to the Sewer Facilities Replacement Fund is $315,432 and of this amount, $232,442 will be allocated (one-time cost) for a TV van and equipment costs. 3-5 WHEREAS, the ongoing total is anticipated to increase $146,190 annually with no impactto the General Fund. NOW THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Chula Vista amends the FY 04-05 budget by appropriating $232,442 rrom the available balance of the Sewer Facilities Replacement Fund for equipment costs for Public Works Operations. Presented by Approved as to form by Jack Griffin Director of General Services r\'>S=r£\~~~ ~~ Ann Moore City Attorney J:/Attomey/RESO/SEWER/Amd FY 04-05 Budget 232K 3-6 ~ , RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 04-05 BUDGET BY APPROPRIATING $82,990 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITIES REPLACEMENT FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS. WHEREAS, PBS&J was hired by the General Services Department to prepare a Wastewater Master Plan for the City; and WHEREAS, one ofthe components of the project was the evaluation of the conditions of the pipes and structures that make up the wastewater collection system to determine ifthe system was structurally adequate; and WHEREAS, this program mostly involves the lining of approximately 3,000 linear feet of pipeline annually and has an annual budget of$300,000; and WHEREAS, when PBS&J was retained to prepare the master plan update, there was insufficient data to do a system evaluation based on a review of videos rrom a global video program; and WHEREAS, since that type of data was unavailable, their analysis was based on a review of the age of the system and the useful life of the pipes that make up the system; and WHEREAS, PBS&J detennined that the current level of expenditure was insufficient and needed to be significantly increased to avoid long-term impacts; and WHEREAS, PBS&J recommended the following measures: the establishment of a video program that would be dedicated exclusively to videotaping the wastewater collection system; and retention of staff or consultant services to manage the video program; and WHEREAS, PBS&J further detennined that the results of this effort would indicate a need for a significant increase in the budget for the Sewer Rehabilitation Program, and estimated the amount to be approximately $900,000 annually for both the sewer replacement and rehabilitation program; and WHEREAS, approximately 200,000 linear feet of video inspections should be conducted annually in order to determine the condition of the sewer system; and WHEREAS, staff evaluated the pros and cons of contracting out this service versus using in- house staff and determined that it was preferable to utilize City forces for doing this work; and 3-7 WHEREAS, atwo-person crew, one Senior Maintenance Worker and a Maintenance Worker IIII will be required; and WHEREAS, the crew will be assigned exclusively to video the City's wastewater lines; and WHEREAS, the total impact to the Sewer Facilities Replacement Fund is $315,432 and of that amount, $63,350 will be allocated for personnel, $850.00 for supplies and services, $6290 for equipment maintenance, and $12,500 for equipment replacement; and WHEREAS, the ongoing total is anticipated to increase $146,190 annually with no impact to the General Fund. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City ofChula Vista amends the FY 04-05 budget by appropriating $82,990 rrom the available balance of the Sewer Facilities Replacement Fund for the remainder of the fiscal year. . BE IT FURTHER RESOLVED, that the City Council approves the addition of one (1) Senior Maintenance Worker and one (1) Maintenance Worker IIII for Public Works Operations. Presented by Approved as to form by Jack Griffm Director of General Services ""b~~\í\pr~~ \ 'Sc{) Ann Moore . City Attorney J:I Attomey/RESO/SEWER/ Amd FY 04·05 Budget 82K 3-8 COUNCIL AGENDA STATEMENT Item --L- Meeting Date: 101/.t'04 ITEM TITLE: A) Resolution 2004- approving a budget transfer in the amount of 48,000 rrom the "ADA Curb Cuts FY 2004-2005 in the City of Chula Vista, California (STL-297)" project to the "American Disability Act (ADA) Curb Cuts Program, FY 2Q03/2004 in Various Locations in the City of Chula Vista, California (STL-292)" project for unanticipated change in scope of work and staff time expenses incurred prior to and during construction of the proj ect. B) Resolution 2004- approving Change Order No. 1 for the "American Disability Act (ADA) Curb Cuts Program, FY 200312004 in Various Locations in the City of Chu1a Vista, California (STL-292)" project and authorizing the Director of Public Works Operations to execute said change order on behalf of the City. SUBMITTED BY: Director of General Services ~y""" Director of Public W orks Operatron~ REVIEWED BY: City Manager Gf" 0'''''/ (4/5ths Vote: YesXNo-.J On December 16, 2003, City Council awarded by Resolution 2003-494 a contract with Javier Jimenez, Inc. dba MJC Construction for the "American with Disability Act (ADA) Curb Cuts Program, FY 200312004 in Various Locations in the City of Chu1a Vista, California (STL-292) project. The work involved the construction of pedestrian ramps and bus stop area bench pads on various streets in the City. Since then, as the project progressed, further understanding regarding ADA requirements has revealed the need for additional work at each ramp location that substantially impacts the cost of each ramp. Due to the design and construction activities involved to implement the change in work it will be necessary to decrease the total number of pedestrian ramps and bus stop area bench pads for this program year, however, those pedestrian ramps and bus stop area bench pads not constructed, regarding this project, will be included in future years' programs. The proposed resolution would authorize the transfer of funds and approve change in items to the contract that will address these requirements. RECOMMENDATION: That Council approve the budget transfer in the amount of $48,000 rrom the "ADA Curb Cuts FY 2004-2005 in the City Of Chula Vista, California (STL-297)" project to the "American Disability Act (ADA) Curb Cuts Program, FY 200312004 in Various Locations in the City of Chula Vista, California (STL-292)" project for unanticipated change in scope of work and staff 4-1 Page 2, Item ~ Meeting Date: 10//,,2/04 time expenses incurred prior to and during construction of the project and approve Change Order No.1 (Attachment A) for the "American Disability Act (ADA) Curb Cuts Program, FY 2003/2004 in Various Locations in the City of Chula Vista, California (STL-292)" project, authorizing the Director of Public Works Operations to execute said change order on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: Staff recommends the transfer of CDBG funds rrom an existing capital improvement project (STL-297) to the "American Disability Act (ADA) Curb Cuts Program, FY 2003/2004 on Various Locations in the City of Chu1a Vista, California (STL-292)" project to cover unanticipated costs caused by a necessary change in scope of work and additional staff time. Since award of the contract on December 16, 2003, further understanding and implementation of existing ADA requirements has led to the need for additional materials and labor at each ramp location. The additional work includes the following: · Truncated domes · Removal and replacement of asphalt on the approach of the ramp. · Removal and replacement of additional sidewalk · Removal and replacement of pavement striping · Removal and replacement of existing signs · Relocation of existing irrigation The original contract amount awarded for STL-292 is for $105,920.00. The original scope included 54 ramps (Attachment B) through out the City at a cost of $90,020 and 23 bus bench concrete pads at a cost of $15,900. The change order reduces the number of ramps to 14 (Attachment C) at a revised cost of $72,935.00 and the number of bus bench pads to 20 at a revised cost of $14,190. The new contract amount will be $100,725, which includes said changes and additional fees of $13,600 for mobilization, demobilization, increase in concrete costs and construction delays due to ADA requirements for design at each location. A demonstration of truncated domes installation resulted in part of the mobilization and demobilization cost overrun. The contractor has agreed to this change in scope and the reduction in overall contracted amount. Design and Inspection staff time also increased in order to redesign the ramps to conform to ADA requirements. Since award of the contract the Regional Standards Committee has determined that the Regional Standards that provided the basis for the bid are not compliant and are in the process of developing new standards. In addition, if staff had proceeded with construction of ramps as bid, then the City may have been required to replace them in the future. It should be noted that on July 8, 2004 the City of San Diego issued a memo that implements the additional ADA requirements in order to assure compliance (Attachment D). J:\GENERAL SERVICES\GS ADMINISTRATION\COUNCIL AGENDA\STL292 ADA CURB CUTS PROGRAM FY0304\ST1292 A113 TRANFER FUNDS REVISED FINAL.DOC 4- 2 - Page 3, Item A- Meeting Date: 10/1.2104 Future projects involving the construction of curb ramps will be done at a significant increase in the cost per ramp similar to the costs represented in this change order. Therefore fewer ramps will be constructed under the City's annual ADA curb cut program at the current funding levels. Three of the bus stop area bench pads were removed rrom this contract as they were constructed under a separate contract. The transfer of $48,000 in CDBG funds rrom the current years' ADA Curb Cut program (STL 297) to the ADA Curb Cut program for previous Fiscal Year 200312004 (STL 292) does not constitute a significant change to the CDBG and HOME Program Annual Plan ("Plan") approved by HUD. Both projects were contemplated under the FY 200312004 and 2004/2005 Plans. However, the number of curb cuts estimated to be completed each FY is reduced due to an increased scope of work and the related increase in costs. No amendments to the Plans are necessary. FISCAL IMPACT: The current available balance in STL-297 is $60,000.00. The budget transfer in the amount of $48,000 rrom the existing capital improvement project (STL-297) to the "American Disability Act (ADA) Curb Cuts Program, FY 2003/2004 on Various Locations in the City ofChula Vista, California (STL-292)" project will provide sufficient funds to cover the cost of unanticipated change in scope of work and design and construction activities involved in implementing above described work. In addition, proposed Change Order No. 1 will decrease the contract amount to Javier Jimenez, Inc. dba MJC Construction rrom $105,920.00 to $100,725. Attachments: a) Cbange Order No.1 b) Original contract list of locations c) Revised list oflocations d) City of San Diego Memorandum J:\GENERAL SERVICES\GS ADMINISTRATION\COUNCILAGENDA\STl292 ADA CURB CUTS PROGRAM FY0304\STL292 A113 TRANFER FUNDS REVISED FINAL.DOC 4-3 - THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ',\&íG...J\ \f\~f~\J..\\. Ann Moore City Attorney Dated: Change Order No. I for the Americans with Disabilities Act (ADA) Curb Cuts 4-4 -'- .C ITY OF CV. 141001 10/07/2004 15:33 FAX 16193976250 ~Ut- ~ ~~~~ CI1YOF CHUIA VISTA DEPARTMENT OF PUBLIC WORKS OPERATIONS September 21, 2004 File No. 0735-10.5TL292 CHANGE ORDER NO.1 CONTRACT: AMERICAN DISABD.J.1'Y ACT (ADA) CURB CUTS IN THE CITY OF CHULA VISTA CONTRACTOR: MJC CONSTRUCTION 1'he following changes shall be made to tbe above reference contract between the CITY OF CHULA VISTA and WC CONSTRUCTION (Contractor): The items in this Change Order qualifY for re-imbursement under the federal guidelines and arc not in conflict with the requirements of the Environmental Impact Report. ADDmONAL WORK: · P1ac<:ment of2'x4' Tnmcated Domes 105 TONS @ $175= $18,375.00 189 TONS @ $50= $9,450.00 4 EACH @ $150= $600.00 16 EACH @ $375=$6,000.00 · Placement 6" AC Pavement · Placement of 12" Agg¡egate Base · Street Sign Relocations · Stop Sign Relocation 4 EACH @ $150=$600.00 · Crosswalk, Stop Bar Removal and Placement 100 LF @ $15=$1,500.00 · Relocation of Sprinkler Heads 10 EACH @ $50=$500.00 · Mobili7.ation, Demobilization and Bonding 1 LS @ $13,600=$13,600 DEDUCTION TO CONTRACI': · Delete LINE ITEM NO.1, Pedestrian Rænp Type A-J, 0-28 360 SQFT. @ $40 = ($13,600.00) · Delete LINE ITEM NO.2, Pede:¡trian Ramp Type C, G-29 2,115 SQFT. @ $16 = ($33,840.00) · Delete LINE ITEM NO. 3, Pedestrian Ramp Type D, G-31 120 SQFT. @ !iZl = ($2,520.00) · Delete LINE ITEM NO.4, Removal and Replacement of 4" PCC Slab work 100 SQFT. @ $12 = ($1,200_00) · Delete LINE ITEM No.6, Removal and Replacement of (l' PCC Slabwork 50 SQFî'. @ $15 = ($750.00) 160C MAXWELL RD. . CHULA VISTA' CALIFORNlA91911 . (619) 397-6000 @ ~ost-COI'ISUITU"'I' RKyded P~p~ 4-5 10/07/2004 15:33 FAX 16193976250 CITY OF CV ------- 141002 -.----- STL292 -2- 101712004 · DeJete LINE ITEM No.7, Removal and Replacement of FCC Curb & Gutter (6" or 8") · Delete LINE ITEM No. 2, IO'xIZ' Concrete Bench Fad (TABLE "B") 50 SQFT. @ $35 - ($1,750.00) 240 SQFT. @ $8 = ($1,920.00) · Delete LINE ITEM No. 10, S'x3' Concrete Bench Pad (TABLE "B") 24 SQFT. @ $10 = ($240.00) Contract Change Order #1 Total Cost ~ ($5,195.00) The adjustment of contract time for this change order will be 0 DAYS. ORlGJNAL CONTRACT PRICE: NET COST THIS CHANGE ORDER #1 REVISED TOTAL CONTRACT PRICE: $105,920.00 ($5,195.00) $100,725,00 This agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment, incidental costs, profit and fees for performing the work in this contract chaTlge and no additional compen.sation will be due. Its is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specifications, newly provided plans and specifications, and applicable standard drawings. ~Cu ~~ ACCEPTED BY :!U'PROVED BY Javier Jimet1ez Dave Byers MJC Construction Director ofPWOPS ORDERED BY William A. Ullrich Assist. Director ofPWOPS J:\Engineer\DESIGN\St1292\change order IA.doc CITY OF CHULA VISTA 4-6 10/07/2004 13:12FAX 16193976250___ ~TY OF CV ~ s 5 5 F ~ ( ex: 0 æ "- c.:¡ z 3: 0 ...J ....I 0 LL N W m N :r ....'J I- tn z 0 c w :z l- I- U U ::;J w 0:: ..., I- 0 (J) 0:: Z "- 0 U w en 0 I- w W 0:: ..J ~ « mo C/J <1:Õ'\ c.. 1-'0 ::;;; >- ~ LL :2 ~ ~ ....I « c.:¡ 1E 0 ex: 0 "- II) ~ ....I ::J ~ U 0 en ¡:: 0:: is ::J C U « ;§ W « ...J Ie ::s ~ w 0:: « (J) 0 :z ::J u... 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U W o a: ~ Ü cJ --+-- !-- ~ E , U <:;::S '1- -¡- r¡ ........... ---- ---- CI~ OF CV I4J 005 Mtt0'1f\1® P 10/07/2004 13:12 FAX 16193976250 ACCESS MEMO NO. 2004-03 I I CITY OF SAN DIEGO MEMORANDUM DATE: July 8, 2004 TO: City Departments and City Facility Managers FROM: Patti Bockamp, Engineering and Capita;1 Projects Acting Direc:tor Gary Halbert, Devdopment Services ACting Director Linda Woodbury, Disability Services Coordinator SUBJEC£: Irnplementttion of Truncated Domes on Cwb Ramps The: City is committed to having its public rights-of-way accesm'ble to all individuals. This memorandum sets furth the City's policy on troncated domes on curb ramps and shall be used in Ihe new construction and altenIìons ofCity owned or leased Dcilitìes and public rights-of-way. This policy should be ìncorpormed in all City contracts fur new construction, altecation, and addition projects. As. part of the City's ongoing efforts to ensure compliance with the State and Federal acc:essi'bilìty laws', the City's A=ess Law Technical GrDUp formed the Curb Ramp Committee to review areas of conflict or confusion and recommend policies on cum ramps, including the issue oftruneated domes. Tbis committee's wade culminated in the issuance ofnew City standard drawings fur cum ramps. These new City standard drawings comply witb the fedenol requirement that curb ramps include tnJn<;ated domeS. please refer to the attacbed Manager's Report, dated May 27, 2004, for the background information regarding troncated dames. The implementation and policy are set furth below in bold italics. . L CUrb Ramp - (New Construction and Altera'lion): 1. Implementation: The IIeJI at)' sIJINlørd <:JUIJ rtUllp tlrøwinp øre eomplde aJUllløe been signed /1.1 of JIUU 14, 1004. Accordingly, fI11 net!' COltSlrIlctiol'l or altaøtiol'l proJecñ ,lIid include or trigger c"'¡' røntpllllllø11 flU IrIl"CIIWl døma, as nquired in the new at)' SIlm4sml ~r6 røntp drIIwings aJUl consi.ilem with the implementømm MlA;W /u!rdll. Å. Publû: Projects I The CaIit\1nIia Building Code (CBC) 8IId AmaiCllllS 1riIl1PisabiIit1cs Act (ADA)' AJnerlcans with PlsahiliIi.. Act Aa:csml>íJity GllicleÜll<s (ADAAG), nspediveIy. '.. - '~_':~,... 4-11 10/07/2004 13:12 FAX 16193976250 _~ITY OF CV --. ---.- -- --- City Departments and City Facility ManageB JUDe 28, 2004 . Page 2 1) lhsign phtzse: pu1J1k projects in the tIesigII plline (schematic, design tkt>elopmerrt, or colUtrActitm docum.eN) s1uúI comply with the IIew aq stø/U1ørd CIIriJ l'Ømp tlrawillgs. 2) Conb'tM:ts prøcUSÚlg phase: public projects lit the co1tlTØd& processing pluue ÚI"u comply with the ""'" ~ _dard CIlJ'b rønrp drawing.. J) BúklùIg pTurse bat IIDt ilWønletl (Oflt tø bid): pub1k projects whiclt _ OIlt to bid, blllllDt yet -tied, 8""u comply with the ~ at)' muu/tlnl ¡;arb rømp tlrawings. 4) CoIIIrød tllfltUfÜd bllt rønrps 1Iot cOlfStrru:teJ: those public projects for whicJt tile co1drød hlB beeJIlIWarrleJl but the rømps have IIDt yet been constructed artI stro1ll!& encolUØl!ed tø use the new ~ ,"-<him carb ramp drawings. Tlae tkcislon ofwMtAø to J(Se the new IIantlørrl curb 1'tlItIp drawings will be matk 011 ø CllU-by-ctU« btuis dependIIIg 011 WJJ'ioIIs f(i!ton, including: ImlÌltI/1le flUUling. willingness of cOJltrQdor to negoÔllte ø fair price, ØIIIlIIIIbu'e ofproJed (is it bdegrøl to tII8 proJed- i.e. .sidewølJ¡; project). If øgreeûtg on IJ prù:e presents ø chalknge, consider apkIrinK time fII¡ ~for øf- cu:ib rømps to Jetermlne tie prke. If the COIII1'øctor ü not wílling to MgotÜlte " fair prù:e, tlwt look at the co1drød to deúmùnewhetlter there ü II "deductive cluutge ~ 11'ØVÜÍo,., IUIdw/u!tJaø there is ø Il1fÌt price for the carb ramps, lIS ønøt1au Il\Ie1IIIe tø (i!1ùeve the instøJ1øtioll of curb 1'IUIIp8 colfSistUIJ ..,,¡th the II""' City stwulortb. 5) Rdnlp8 coJIStrKdetl bllt IUJi yet øccqted: if the Cllrb rømp is otJaerwiu comp1iøxt (only misring tTHncaled d_), then defel' the rømp(.) tø tlu! TTtUUÌlioIl PftUJ UptlaJe. 6) R.IutIp:J collStnlctd ønd uceptd: tlefu to the Trønsitioll PfIl1l Uptltde. B Privøte Projects: 1) 1'1_ e~,,",pluue: prl_projed:J litp'_~"'" phase.haU comply with the II_ ag. støndørrl ClUb ramp drawillP. 2) PermiJWl, but lIot 1J1U'lt: DSD ü senJixg It "Notia", to tII8 imbulry infonnillg them to comply with the "IM 1ltUU1ørd curi ..' 4-12 ¡¡¡¡ 006 10/07/2004 13:12 FAX 16193976250 ____ __._._1_.- _~ITY~CV I4J 007 City Departments and City FaciJity Managers June 28, 2004 Page 3 . - 2. NUfIJI tlnzwixgs. I I \ I ! \ I , ~ ! Genera! : Newly constructed or altered streets, roads, and highwayS must contain curb rampS or other sloped areas at any intersection having curbs or other barriers to entry !rom a street level. pedeslrian walkway. 28 Code ofFedera1 Regula1ioos § 35. 151(e)(I). Newly con$tlUcted or altered street level pedestrian wa1\cWaYs must cootain cutb nmps or other 5l0ped areas at intersections to streetS, roads, or highways. 28 Code of Federal Regulations §35.151(e)(Z). A curb ramp shall be provided wherever an accessible route crosses a curb - ADAAG4.7.1. Cutb ramps sball be constrUcted at each comer of street ioterseçtions and where a. pedestrian way crosses a curb. The preferred ønd recommended loca.tion for cutb ramps is in the center of the crosswalk of eaeh street corner. Where it is necessary to locate a cum ramp in the center of the çurb return and the street suriåces are marked to identify pedestrian crosswalks, the lower end of the aub ramp sball terminate within such c:rosswa1k areas -2001 CBC 1127B.5.1. 3. Detectable Warnings: A curb ramp sba11 have a detectable warning complying with ADAAG 4.29.2. ADAAG4.7.7. . Deteçtable warnings shall COII.Sist of raised truncated domes. ADAAG 4.29.2. A curb ramp shall have a detectable warning . . . when the ramp slope is less dw1 I unit vertìca1 to 15 units horizoDtal. Detectable warnings shall consist ofraised truncated domes. 2001 CBC 1127B.5.S. . Oab 1'ø'"I''' s1Jøll "., ilerig".J et)llldm",...w. t1u new CIty sttllUltud bøwings for eM"' røm111, w1ùcIa ¡.,1IIde trrUtcøle4 4tnnes. ]FrlllCøœd t/om<!S - ret[llÌred by ,Iu< Amerkøll& with Diøbi1itiø AdAcc~ility GIliùJjIf#;S. TU -- desif1l is colJSÌ$tÐlt with the ~,. by the u.s. 1JqH1rtmelII of . Trøl/$pørtDtÍDlI Fe4øøl Higlrwtly AllmiIIistrøtion (FllWA) fUId lIu< U.s. Ace- Boørtl Fe40øl Yell_ sll"r¡ be MSet1for'Iu< tl'NHœ1ed tlonv.s, ~ tMn is Æ c"mpelUnK ~o.. ~ ....IdeA is ttppl'tWØl by tM. AcCl!SS' L4W Techllicøl GrtHlp. . .....:'. 4-13 10/07/2004 13:13 FAX 16193976250 ~.-- _._---_.~_. CITY OF CV ~008 City Departments and City Facility Managers June 28, 2004 Page 4 This policy is specific to curb I1UIlps only. The ove.raJl street and sidewalk design is required to comply with the ADAJADAAG, the CBC, and other governing laws and reguJations adopted at the time of submittal for a bwlding permit review or design of tile public right-of-way project. (/:) # ~_/ .. ~ . /' Patti Boekamp Eng; 'ng and CipiW Projects Acting Director Services Acting Director '--t,' ~ ÌÅf~ Linda woodbury Disability Services Coordinator Atta,chments: 1. 2. City Manager's Report Wormation: ADAAG DetectabJe Warnings (Trunc;ued Domes)IUS Dept. of Transportation Memorandum, May 6, 2002 New City of San Diego Standard Curb Ramp Drawings 3. ~- ~.. ~.",-"':..= 4-14 RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $48,000 FROM THE "ADA CURB CUTS FY 2004- 2005 IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-297)" PROJECT TO THE "AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FY 2003-2004 IN VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-292)" PROJECT FOR UNANTICIPATED CHANGE IN SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT WHEREAS, on December 16, 2003, City Council awarded by Resolution 2003-494 a contract with Javier Jimenez, Inc. dba MJC Construction for the "Americans with Disabilities Act (ADA) Curb Cuts Program, FY 2003-2004 in Various Locations in the City of Chula Vista, California (STL-292)" project; and WHEREAS, the work involved the construction of pedestrian ramps and bus stop area bench pads on various streets in the City; and WHEREAS, since award of the contract on December 16, 2003, further understanding and implementation of existing ADA requirements has led to the need for additional materials and labor at each ramp location; and WHEREAS, on July 8, 20Q4, the City of San Diego issued a memo that implements the additional ADA requirements in order to assure compliance; and WHEREAS, due to the design and construction activities involved to implement the change in the scope of work, it will be necessary to decrease the total number of pedestrian ramps and bus stop area bench pads for this program year; and WHEREAS, those pedestrian ramps and bus stops area pads that are not constructed, regarding this project, will be included in future years' programs; and WHEREAS, stafIrecommends the transfer ofCDBG funds ITom an existing capital improvement project (STL-297) to the "Americans with Disabilities Act (ADA) Curb Cuts Program, FY 2003-2004 on Various Locations in the City ofChula Vista, California (STL-292)" project to cover the unanticipated costs caused by a necessary change in scope of work and additional staff time; and 1 4-15 WHEREAS, the transfer of $48,000 in CDBG funds ITorn the current years' ADA Curb Cut program (STL-297) to the ADA Curb Cut program for previous FY 2003-2004 (STL-292) does not constitute a significant change to the CDBG and HOME Program Annual Plan (Plan) approved by HUD as both projects were contemplated under the FY 2003-2004 Plan. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve a budget transfer in the amount of$48,000 ITom the "ADA Curb Cuts FY 2004- 2005 in the City of Chula Vista, California (STL-297)" project to the "American Disability Act (ADA) Curb Cuts Program, FY 2003-2004 in Various Locations in the City of Chula Vista, California (STL-292)" project for unanticipated change in scope of work and staff time expenses incurred prior to and during construction of the proj ect. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~,~~~~~\, Ann Moore City Attorney J:\\attorneylresolfinance\Budget Transfer - ADA Curb Cuts 2 4-16 RESOLUTION NO.2004-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.1 FOR THE "AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FY 2003/2004 IN VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-292)" PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY. WHEREAS, on December 16,2003, City Council awarded by Resolution 2003-494 a contract with Javier Jimenez, Inc. dba MJC Construction for the "Americans with Disabilities Act (ADA) Curb Cuts Program, FY 2003-2004 in Various Locations in the City of Chula Vista, California (STL-292)" project; and WHEREAS, the work involved the construction of pedestrian ramps and bus stop area bench pads on various streets in the City; and WHEREAS, since award of the contract on December 16, 2003, further understanding and implementation of existing ADA requirements has led to the need for additional materials and labor at each ramp location; and WHEREAS, the original contract amount awarded for STL-292 is $105,920.00; and WHEREAS, due to the design and construction activities involved to implement the change in the scope of work, it will be necessary to decrease the total number of pedestrian ramps and bus stop area bench pads for this program year; and WHEREAS, those pedestrian ramps and bus stops area pads that are not constructed, regarding this project, will be included in future years' programs; and WHEREAS, the new contract amount will be $100,725, which includes said changes and additional fees for mobilization, demobilization, increase in concrete costs and construction delays due to ADA requirements for design at each location; and WHEREAS, the contractor has agreed to this change in scope and the reduction in overall contracted amount; and WHEREAS, Change Order No.1 will decrease the contract amount to Javier Jimenez, Inc. dba MJC Construction ITom $105,920.00 to $100,725.00. 1 4-17 NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve Change Order No.1 for the "Americans with Disabilities Act (ADA) Curb Cuts Program, FY 200312004 in Various Locations in the City of Chula Vista, California (STL-292)" project. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista does hereby authorize the Director of Pub lie Works Operations to execute said change order on behalf of the City. Presented by Approved as to form by ~\À.'í"'Î\k\ \\\'~Cl ~ Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\\attorney\reso\frnance\Change Order I - Curb Cuts 2 4-18 ...-- '0" COUNCIL AGENDA STATEMENT Item 6 Meeting Date ()dnhp.r 12, 7004 AMENDING THE FISCAL YEAR 2004/05 WORKERS COMPENSATION BUDGET TO COVER CLAIMS COSTS AND APPROPRIATING $799,762 THEREFOR SUBMITTED BY: Director of Human Resources /h. rU- REVIEWED BY: City Managet~N (4/5ths Vote: Yes..x..... No_) Workers' compensation claim expenses in excess of the City's Self-Insured Retention (SIR) are paid by the City's Excess Workers Compensation Insurance Policy on a reimbursement basis. The appropriation requested here will allow those expenses to be paid so that reimbursement may be sought. ITEM TITLE: RECOMMENDATION: That Council adopt the resolution amending the FY 2004/05 Workers' Compensation budget to pay claim expenses and appropriating funds from unanticipated revenues therefore. BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND: Workers' compensation claim expenses in excess of the City's Self-Insured Retention (SIR) are paid by the City's Excess Workers Compensation Insurance Policy on a reimbursement basis. It is therefore necessary for the City to front the expenses and request reimbursement from the carrier. The appropriation requested here will allow those expenses to be paid so that reimbursement may be sought. Fiscal Impact: There is no net impact to the General Fund. The City will be reimbursed 100% by our workers' compensation excess insurance. 5-1 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/05 WORKERS' COMPENSATION BUDGET TO COVER CLAIMS COSTS AND APPROPRIATING $799,762 THEREFOR WHEREAS, Workers' Compensation claim expenses in excess of the City's Self- Insured Retention (SIR) are paid by the City's Excess Workers Compensation Insurance city on a reimbursement basis; and WHEREAS, it is necessary for the City to ITont the expenses and request reimbursement ITom the carrier; and WHEREAS, the appropriation requested here will allow those expenses to be paid so that reimbursement may be sought. WHEREAS, in order to do so and to pay other claim expenses the requested appropriation is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2004/05 Workers Compensation budget to cover claims costs and appropriating $799,762 therefor Presented by Approved as to form by Marcia Raskin Director of Human Resources ~~~f~\~\ \O{ Ann Moore City Attorney J :Attomey/Reso/Fînance/Workers Compensation reimbursement costs 5-2 COUNCIL AGENDA STATEMENT (¡ Item Meeting Date 10/12/04 ITEM TITLE: Public Hearing to consider the adoption of an urgency ordinance modifying the existing Salt Creek Sewer Basin Development Impact Fee and amending Ordinance No. 2617 Urgency Ordinance 2974·C Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 SUBMITTED BY: Director of General ServiceslCity Engineer f).< REVIEWED BY: City Manager¿;!t \' (4/5ths Vote: Yes...x.. No~ II'" On August 17,2004 and on September 14, 2004, Council approved Urgency Ordinance No. 2974-A and Urgency Ordinance No. 2974-B, respectively, modifying the Salt Creek Sewer Basin Development Impact Fee (DIP) and amending Ordinance No. 2617. This proposed Urgency Ordinance will enable the City to continue to collect the new fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council conduct the public hearing and approve the urgency ordinance amending Ordinance No. 2617 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.. DISCUSSION: The Salt Creek Sewer Basin Development Impact Fee Update Ordinance 2974 was introduced on August 17,2004 and approved on August 24, 2004. It will become effective October 23,2004,60 days after its approval. Urgency Ordinance 2974-A, which was also adopted on August 17,2004, expired September 16, 2004, 30 days after its adoption. Urgency Ordinance 2974-B, which was adopted on September 14, 2004, will expire October 14,2004,30 days after its adoption. Tonight's ordinance, if approved, will extend the new fee until the regular Ordinance becomes effective. The new DIF fee approved by Council on August 24, 2004 is $1,330 per equivalent dwelling unit (EDU) and is the same fee adopted in the urgency ordinance. The new DIP fee is fully explained in the August 17, 2004 agenda statement, attached hereto. FINDINGS: Staff recommends that the amended Salt Creek Sewer Basin DIP go into effect immediately by adopting the Urgency Ordinance. This is necessary due to the current and immediate threat to public health, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. ,I I I - I i.iJ . Page 2, Item (p Meeting Date 10/12/04 The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate threat to the public health, welfare and safety justifying the immediate implementation of this fee. Furthermore, immediate implementation of the DIP fee increase is necessary due to the pace in development within the benefit area. A delay in its implementation creates an increased burden on future development that will be left to bear the financing cost if not placed immediately on benefited properties. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the W olfCanyon Tnmk Sewer prior to the approval of final design plans and the awarding of the constmction contract. FISCAL IMP ACT: The Salt Creek Sewer Basin Development Impact Fee, as for all of the City's Development Impact Fees, maintains separate funds from the general fund. There is no impact to the general fund ITom the update except the latent cost of additional maintenance for the new sewer facilities. Attachment: l.Council Agenda Statement for August 17, 2004 File: 0730-95 SW219 J:lengineerlaGENDAISalt Creek DIP Urgency Ord C.doc 08/18/2004; 4:15 PM (ç - ;J- ATTACHMENT I COUNCIL AGENDA STATEMENT Item 12-- Meeting Date 8/17/04 / Public Hearing to consider the modification of the Salt Creek Sewer Basin Development Impact Fee R I· "ùt7> ¡j / :;L-1A(; . th En· R . eso utIon ç:rvvl cceptIng e gmeer's eport UpdatlIlg the Salt Creek Sewer Basin Development Impact Fee Ordinance ;)Þi1J Amending the Salt Creek Sewer Basin Development ImpÅct Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 Urgency Ordinance ;L 111/ ~ending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 SUBMITTED BY: Director of General Services / City Engineer -sk REVIEWED BY: City Manager ~~ í)f" (4/S'hS Vote: Yes..x. No-.J The Salt Creek Sewer Basin DIP was established in December 1994 to facilitate construction of the Salt Creek Trunk Sewer to serve properties within the benefit area. Since that time, costs associated with the Salt Creek Trunk Sewer project have continued to increase and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the proj ect -. and repay the Trunk Sewer Capital Reserve Fund, staff recommends increasing the Salt Creek Sewer Basin DIF ITOm $284 to $1,330 per EDU. ITEM TITLE: RECOMMENDATION: That Council 1. Conduct the public hearing. 2. Adopt the Resolution accepting the Staff Update for the Salt Creek DIF 3. Adopt the Ordinance amending the fee and amending Ordinance No. 2617 (first reading) 4. Adopt the Urgency Ordinance amending Ordinance No. 2617. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: Back~round In early 1994, the City retained Wilson Engineering to prepare a study and basin plan with the primary goals of (1) identifying the sewer facilities that would be needed to support development within the Salt Creek Basin ("the benefit area"), and (2) determiDing a funding mechanism to pay I:¡/; (p-3 Page 2, Item / 2- Meeting Date 8/17/04 for those facilities. The study identified an alignment that would require more than 13.5 miles of sewer line to serve the benefit area, including the area now known as the Wolf Canyon ßasin. The Salt Creek Trunk Sewer generally begins just west of the Upper Otay Reservoir, and ultimately ties into the City of San Diego's Metro Sewer line just west of Interstate 5 near Main Street. The trunk line is divided into rune (9) sections or "reaches" which are points of slope change or connections with other major tributary sewer lines (Attachment A). Establishment of the fee: In order to fund the project, the study evaluated three alternatives for establishing a development impact fee (DIP). Council ultimately adopted Ordinance 2617, establishing the Salt Creek Sewer Basin DIP at $284 per EDU to finance the construction of Reaches I through 8 of the Salt Creek Sewer. Of the total estimated $18.1 million project cost, $8.2 million (the cost of reaches I through 8) was used to detennine the DIP and was spread among 28,737 benefited EDUs. Reach 9, which would be conveying flows ITom other basins in addition to and west of the Salt Creek Basin, was deemed at that time to be a regional facility and therefore a City obligation. Current Proiect Status Since 1994, all reaches of the Salt Creek Trunk Sewer within the DIP-eligible area have been constructed. Reaches 1, 2A, 2B, 4B and 5A were constructed by Developers and the City, and Reaches 3, 4A, 5B, 6, 7, 8A, 8B, 9A and 9B were recently constructed by the City. Based on a recent analysis performed as part of the Engineer's Report (Exhibit A), the overall cost of the Salt Creek Trunk Sewer project has increased from $18.1 million to $32 million (of this amount $20.4 Million is DIP obligation) Attachment B). The primary reasons for the increase are: · Changes in plarmed land-use intensities. o Necessitated upsizing of several segments. (+$0.5 million) · Environmental and right-of-way constraints. o Necessitated the installation of a Supervisory Control and Data Acquisition (SCADA) System (+$0.5 million) . o Necessitated installation of a dual pipe system to provide redundancy in the system and allow the pipes to remain buried in a section of the pipeline that passes through the Multiple Species Conservation Plan (MSCP) area (+$1.0 million) o Necessitated establishment of the Preserve Management Endowment Fund (PMEF) (+$1.0 million) · Increased depth of the sewer trunk line and the replacement of AC pavement. o Utility information (not available in 1994 when the original Wilson Study was prepared) specified that the sewer line be installed at depths greater than those originally conceived for some locations. (+$2.0 million) · ~ ¿-If Page 3, Item /2- Meeting Date 8/17/04 · Increased level ofConsu1tant and Staff Resources required to complete the project. ($3.1 million) I · The Construction Cost Index incn:ased by 29% between 1994 and today o Accounting for this inflation factor alone, the DIF should have increased ITom $284 to $366 per EDU (+$2.7 million). · Intensity of development activity. o Resulted in more aggressive proj ect schedules and expensive installation strategies that ultimately affected the cost of the project. This is also the major reason for the Micro-Tunneling under Interstate 5 (total $2.8 million) · Acquisition of a special maintenance vehicle: o The City will purchase a sewer maintenance vehicle capable maintaining the sewer main in its off-road location while being sensitive to surrounding environment of Salt Creek and the Otay Valley. (+$0.3 million). Additional DlF -eli!!:ible Facilities Reach 9A: When the Salt Creek DIP was established in 1994, Reach 9 was expected to be a regional facility, serving a number of other areas (i.e., Main Street and Poggi Canyon Basins) in addition to the Salt Creek Basin. To expedite the construction of this section, Reach 9 was further divided into 3 sub-reaches (9A, 9B and 9B'). During this process, it was determined that Reach 9A, which begins just west of Heritage Road and ends just west of Interstate 805, actually serves only the Salt Creek Basin, and therefore is not a regional facility. The cost of this section, currently estimated at $6.1 million, has now been reclassified as a DIF-eligible expense. The WolfCanvon Trunk Sewers: The original 1994 study did not identify the need for a major trunk sewer to serve the Wolf Canyon Basin, however, properties within the Wolf Canyon Basin were considered to be part of the benefit area. It was assumed that these properties would connect to the Salt Creek Sewer via laterals. More recent analyses by the City and various landowners, however, show that two additional trunk sewer lines will be needed to serve these properties: a sewer line to be located within the future Rock Mountain Road between Heritage and La Media, and the other sewer line to be located in Heritage Road between Olympic Parkway and Main Street. These two lines will ultimately connect to the Salt Creek Trunk Sewer. Since the Wolf Canyon Basin is tributary to the Salt Creek Basin, and was originally included within the benefit area, this update includes the two new required facilities as Salt Creek Sewer DIP-eligible facilities. In this way, costs associated with the two additional lines will be spread among all thc properties within the total bencfit area. It is currently estimated that the cost of these two Wolf Canyon facilities will be approximately $5.7 million (Attachment C). /2.. - '3 ft:,~5 Page 4, Item I J..; Meeting Date 8/17/04 Future University Site I The future university site was included in the benefit area in 1994. This update will maintain the University Site and its associated units within the benefit area. It is possible that a future public. university will be exempted ITom the payment of the subject DIP. In such a case, the City Council has the option of either updating the DIP program to re-distribute the cost amongst remaining properties or paying the University obligation using the City's available funds. The total EDUs planned for the university site is 5,973; therefore, based on the proposed fee of $1,330, the fut1JIe university site obligation is $7,944,090. However, the General Plan Update, which is currently underway, contemplates a possible reconfiguration of the University land use along with mixed-use residential/commercial opportunities and possible residential uses for student and/or faculty housing, which could result in more revenue to the DIF. Fee Determination When the Salt Creek DIP was established in 1994, the fee was spread across 28,737 EDUs within the benefit area. Based on the detailed analysis presented in the Engineers Report, the remaining number of benefited EDUs in the basin is 25,668. This report recommends that the total construction cost of Reaches 1 through 9A of the Salt Creek Gravity Sewer Interceptor and the total estimated cost for the construction of the Wolf' Canyon Trunk Sewers be distributed amongst the benefited properties within the Salt Creek Basin and the Wolf Canyon Basin. This methodology is consistent with the 1994 Wilson Study and is the most equitable since all properties essentially receive the same service. Based on the analysis performed in this report, Staff recommends that Ordinance No. 2617 be amended as follows: a. To add the Rock Mountain Road and Heritage Road Trunk Sewer lines (Wolf Canyon Sewer Facilities) and Reach 9A as facilities financed by the Salt Creek Sewer Basin DIP. b. To adjust the DIP by amending Chapter XVI, Section C, of the Master Fee Schedule to set the new fee at a rate of$1,330 per EDU. Therefore, based on these revised costs, and the updated number of remaining benefited properties in the benefit area, the Salt Creek DIP needs to be increased from $2841EDU to $1,330IEDU (Attachment D). Coordination with the Development CommuDity City staff has been working with the development community for years on all issues related to the construction and financing of the Salt Creek Sewer. In April a briefing meeting was held with developers, and in June 2004, the Draft Engineer's Report was sent to all the developers with a vested interest for their input. Subsequently, staff met with the developers to discuss the proposed DIP update. Based on their input, the Engineer's Report was revised (specifically, the 10 ',~v /; '.J,.>' fJ? Page 5, Item I:¿ Meeting Date 8/17/04 fmancial analysis was revised to reflect a more realistic absorption rate). So, the final version of the report, to large extent, reflects the outcome of those discussions. I Ur2encv Ordinance In addition to approving the Ordinance, Council is also being asked to approve a proposed Urgency Ordinance which will allow the City to collect the fee during the 60"day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed (strikeout underlined revisions of both Ordinances are attached for reference). The Urgency Ordinance would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular Ordinance to become effective. This Ordinance is only valid for 30 days, and therefore, it will be necessary to notice and hold subsequent hearings in order to extend the Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective. Due to the pace in development within the benefit area, staff is recommending that the fee increase becomes effective immediately. A delay in implementation creates an increased burden on future development that will be left to bear the financing cost if not placed immediately on benefited properties. Furthermore, immediate implementation of the DIF update is necessary due to the current and immediate threat to public health, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adj acent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate threat to the public health, welfare and safety justifying the immediate implementation of this fee. Environmental ImDact The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Proj ect" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewer prior to the approval of final design plans and the awarding of the construction contract. FISCAL IMPACT: The Salt Creek Trunk Sewer Project (SW-219) was funded primarily with loans ftom the Trunk Sewer Capital Reserve Fund and the funds collected in the Salt Creek Sewer Basin Benefit Area Fee Fund. The Wolf Canyon Trunk Sewers will also be funded with loans. The proposed increase in the Salt Creek DIF is being set to repay the loans over a 15.5- year period. This will facilitate the repayment of approxi,mately $34.1 million ($19.4 million in /ý4 &-7 Page 6, Item 1 ¡;¿; Meeting Date 8/17/04 remaining loans for Salt Creek, $5.7 million in future loans for Wolf Canyon and $9 million in interest) to the Trunk Sewer Capital Reserve Fund and other sources (see Attachment D). /. Attachments: Ordinance Amending the Salt Creek Sewer Basin Development Impact Pee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 26 17 (strikeout underline version) Urgency Ordinance Amending the Salt Creek Sewer Basin Development Impact Pee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 (strikeout underline version) Attachment A: Location of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer Attachment B List of Salt Creek Gravity Sewer Interceptor Reaches and their Costs Attachment C: Cost Estimate for the Wolf Canyon Trunk Sewer Attachment D: Calculation of the new DIF (Table 4.4) Exhibit A: Update to the Salt Creek Gravity Sewer DIP, August 2004 ("The Engineer's Report") Last printed 8/612004 10:46:15 AM J:\Enginecr\AGENDA \Salt...creek-DlF-Update~A 1l3-ac-cb-mji.doc ~ / r¡ /ß'6 ~ Ordinance No. 2974-C Page I ORDINANCE NO. 2974-C AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego ITom which wastewater will flow by gravity ITom Salt Creek into the Otay River Valley (which also includes the portion land referred to as the "Wolf Canyon Basin"). The Otay Lake Basins are those areas of land within the County of San Diego ITom which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map; and, WHEREAS, on December 6,1994, the City Council of the City ofChula Vista adopted Ordinance No. 2617 establishing a Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits; and WHEREAS, City Staff has prepared the Update to the Salt Creek Sewer Basin Plan ("Report") dated August 2004; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins, including the Wolf Canyon Basin will create adverse impacts on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated ITom new development within these Basins-which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated ITom the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, including additional facilities known as Rock Mountain Road Trunk Sewer and Heritage ~..r} Ordinance No. 2974-C Page 2 Road Trunk Sewer and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting ITom the construction of these facilities; and, WHEREAS, in April and July 2004 public meetings were held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for revising the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the updated development impact fee should go into effect immediately in order that all developers pay their fair share of the cost of the sewer improvements relating to the impacts caused by their development; and, WHEREAS, immediate implementation of the DIP update is necessary due to the current and immediate threat to public safety, which will result should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the awarding ofthe construction contract; and, WHEREAS, on August 17, 2004 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and revising of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation ofthe City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities.: and, WHEREAS, the Second Urgency Ordinance, 2974-B, revising of the Salt Creek Sewer Basin Development Impact Fee, was adopted on September 14, 2004 at said Public Hearing by the City Council and will expire on October 14, 2004. (p ~/O ~ Ordinance No. 2974-C Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review. That the activity will have no significant environmental impacts, and therefore is not subject to the CEQA although environmental review will be required for the Wolf Canyon Trunk Sewers. SECTION 2. Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its Salt Creek Development Impact Fee (DIP) be amended and go into effect immediately in order that all developers pay their fair share of the cost of the sewer relating to the impacts caused by their development. Immediate implementation of the DIP update is necessary due to the current and immediate threat to public safety, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate thereat to the public health, welfare and safety justifying an immediate implementation of this fee. SECTION 3. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as the Update to the Salt Creek Sewer Basin Plan, dated August 2004, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 4. "Facilities" . The facilities which are the subject matter of the fee herein established are fully described in the Report at page13, Table 2.4 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council ITom time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program (p~ /1 Ordinance No. 2974-C Page 4 SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. or to reflect changes m land development and estimated and actual wastewater flow. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin, Purpose. The purpose of this ordinance is to provide the necessary financing to cover the costs associated with and to construct the necessary facilities within the areas shown in Exhibit "A". Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 5.1 in the Report. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. (p~ /Ò- Ordinance No. 2974-C Page 5 SECTION 11. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities and purchase of a maintenance vehicle, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 12. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $1,330 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2974, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $1 ,330 per EDU, which rate shall be adjusted ITom time to time by the City Council. ¿~/3 Ordinance No. 2974-C Page 6 c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 5.1 of the Report d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or ITom time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 13. Authority for Accounting and Expenditures. The proceeds collected ITom the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures ITom the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City CounciL SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. ~ - /if Ordinance No. 2974-C Page 7 SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer ITom the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions ofthis section: , I/" &~::> Ordinance No. 2974-C Page 8 a. Written authorization shall be requested by the developer ITom the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may ITom time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may ITom time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) The developer shall secure at least three (3) qualified bids for work to be done, The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction ofthe Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (p~ / (p Ordinance No. 2974-C Page 9 (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) the agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for .in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer ITom the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation ofthe burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of ~-/? Ordinance No. 2974-C Page 10 SECTION 19. SECTION 20. SECTION 21. SECTION 22. SECTION 23. the building permit application. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DIP and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt ITOm the provisions of the Fee. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the (Work Alternatively Financed). In this regard, the amount of the reimbursement shall be based in the costs included in the Basin Plan, as amended ITom time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. Expiration ofthis Ordinance. This Ordinance shall be in full force and effect thirty (30) days after its adoption. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established bylaw after the effective date of this ordinance.. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period to which parties may protest begin upon the effective date of this Ordinance. Other Not Previously Defined Terms. " J '7 tk~~ I 6 Ordinance No. 2974-C Page 11 For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless ITom the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective immediately upon 4/5ths vote. Presented by Approved as to form by Jack Griffm Director of General Services J:\EngineerlAgendaISalt Creek DIF·2ndURG·ORD _2974-B.doc Last printed 10/0 1/2004 11 :57 AM (p- J 1 c z w C) W ..I ~ ~ ....J .:.: Q)_ "" CI) cn u.. 0..... CI) - ""W'" >'0 ..... ().... 1 1-3:....>1: ~Wãie~ ~cn cnC)__ I I I ¡ I a:: a:: w w "" 3:0:: 3:tr""....... ~WO....... ~WOc::~ Wcn.......... Wcn.....W::::; W c.. -I W c.. c.. ..... >-W- >-WO!:tl o::.....U=> O::.....U...J U-c::CO U-C::WW S~W~ S~W>W<ß «0::.....- «OC..... Cl cnøZ~ cnø~e.cn I i zc::: OW ~~ >- «cn a:: U~ ë5 ~5 ~5 ~o:: _0 ;>..... U CD i I z o >-W:J: w ~Zc.. Z U:::::ï ~Z:::::ï _0:: C)0O:: g~ ~~~ OW W.....W a.cn .....UCl) ~~ : ~ . ." . . . t : E-t~P:::~ ~~~"-1 -<:~~< U~~ ð~ ~.~ U~ ~~ ~~. ~ -< II C.r.J :Ii a: c:: w 3: w CI) o c:::. ..... w :::æ: W ...J '" « z.~ ~ ;r: ..... o Z 1 /' I" &-,::J.U s¡ ~Ie> ~I 6~ ; (, 0 I ì · \ i i i · I , I · , , , ! 1 '<t o - I() .,.... - '<t o ""') ::2 - ::r: CI) >= CC Z ~ Q Q W CI) > W c:: C/) J-Z üO w- J~ Ot) 0:::0 Q.....J <C I- m :I: >< W Ordinance No. 2974-C Page 13 EXHIBIT B Residential - SFD Residential- MFD CommerciaVIndustrial Hi School Junior Hi School Elementar Park CPF 20 20 1.00/DU 0.75/DU 9.43/acre 0.08/student 0.08/student 0.06/student 1. 89/acre 9.43/acre gpd: gallon per day SFD: single· family dwelling DU: dwelling unit MFD: multi·family dwelling CPF: community-purpose facility hr ;;; I COUNCIL AGENDA STATEMENT Item No.: 7 A Meeting Date: 10/12/04 ITEM TITLE: Public Hearing: Consideration of the Final Second Tier Environmental Impact Report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and Tentative Maps (TM). Resolution of the City Council of the City of Chula Vista certifying that the Final Second Tier Environmental Impact Report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area Plan and Tentative Maps; making certain Findings of Fact; adopting a Statement Of Overriding Considerations; and adopting a Mitigation Monitoring And Reporting Program pursuant to the California Environmental Quality Act SUBMITTED BY: Director of Planning and BUildi~ REVIEWED BY: CitYManager~ 9'f (4/5ths Vote: YeL-No ..1L.J In accordance with the requirements of the California Environmental Quality Act, a Second Tier EIR has been prepared to analyze the environmental impacts of the proposed Village Seven SPA Plan and conceptual Tentative Maps. CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP) have been prepared that reflect the conclusions of the Final EIR. The Final EIR also contains comments and responses to the comments received during the public review period. RECOMMENDATION: That the City Council adopt the resolution certifying that the [mal Second Tier Environmental Impact Report (EIR 04-06) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed the Draft EIR on July 19, 2004. The majority of the RCC comments generally focused on concerns related to the light pollution, cultural resources, recycled water and offsite grading. After reviewing and discussing the document, the RCC found the document to be adequate and in compliance with the California Environmental Quality Act (CEQA) and voted 4-0-0-3 to recommend the certification of the Final EIR by the City Council (Attachment 1). Specific responses to the RCC comments are provided in the Final EIR (Attachment 2). 1A _.._----~-_._--_.__._,---~---- Page 2, Item No.: 74 Meeting Date: 10/12/04 On July 28, 2004, the Planning Commission held a public hearing to close the public review period for the draft EIR. Attached for your information are the July 28, 2004 Planning Commission minutes (Attachment 1). No representatives ITom the general public made comments on the adequacy or accuracy of the Draft EIR at the hearing. However, the Plamring Commission commented on the Draft EIR. Their comments and responses are included in the Final EIR (Attachment 2). The Planning Commission adopted a resolution at their meeting of September 22, 2004 recommending that the City Council certify the Final EIR (Attachment 3). No concerns were raised by the Commission at their meeting of September 22, 2004 regarding the adequacy of EIR-04-06. DISCUSSION: McMillin Otay Ranch LLC and Otay Project LP have submitted an application requesting approvals for a Sectional Planning Area (SPA) Plan and tentative maps (TM) for their respective ownerships within the Otay Ranch Village Seven. The Village Seven SPA and TMs EIR evaluates the environmental effects of the proposed Otay Ranch Village Seven SPA Plan and TMs. The Village Seven SPA Plan and TMs propose development of 1,204 residential units, as well as designate land for community purpose facilities, an elementary school, a high school, parks, and open space areas. The Village Seven SPA Plan is consistent with the Otay Ranch General Development Plan (GDP) and associated Program EIR (EIR 90-01). CEOA ComDliance Because of the size, complexity of issues and extended buildout time ITame of the Otay Ranch Project, both the planning and environmental documentation associated with Otay Ranch were tiered ITom the general to the specific. The first tier of planning and approvals included approval of the Final Otay Ranch GDP/SRP Program EIR (90-01). The Final Program EIR for Otay Ranch was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR for the Otay Ranch GDP was certified with the intent that the individual SPA planning projects within Otay Ranch would be reviewed as "second-tier" projects pursuant to Section 15153 of the California Environmental Quality Act (CEQA) Guidelines. Under such tiering principles, the proposed Village Seven SPA and TMs are analyzed at a second-tier.ievel of review (project level). The Village Seven EIR incorporates by reference and serves as a second-tier EIR to the Final Otay Ranch GDP/SRP Program EIR (90-01) as well as its associated Findings of Fact and Mitigation Monitoring and Reporting Program. Comments on the Draft EIR r¡ A-~). T' , Page 3, Item No.: 7,4- Meeting Date: 10/12/04 Letters of comment were received on the Draft EIR ITom the following agencies and individuals: 1. United States Department of the Interior - Fish and Wildlife Service 2. State of California, Governor's Office of Planning and Research 3. State of California, Department ofFish and Game 4. State of California, Department of Toxic Substance Control 5. State of California, Governor's Office of Planning and Research 6. State of California, Department of Transportation, District 11 7. San Diego County Archaeological Society 8. City of San Diego, Engineering 9. City of San Diego, Land Development Review 10. Chula Vista Elementary School District 11. Native American Heritage Commission 12. The Corky McMillin Companies 13. Bryan Felber, Commissioner 14. City ofChula Vista Planning Commission 15. Resource Conservation Commission The letters and responses are included in the Final EIR 04-06 (Attachment 2). All comments received concerning EIR-04-06 have been fully addressed within the Final EIR. Additional Revisions to Draft EIR Minor typographical corrections and clarifications have been made to information contained in the Draft EIR and the Final EIR reflects the corrected information. None of the corrections resulted in modifications to conclusions regarding significance of impacts. The Errata in the Final EIR summarizes the corrections and related revisions. Findin!!s ofthe Final EIR 04-06 The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts") that would result ITom the proposed SPA Plan and conceptual TMs. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Other impacts cannot be avoided by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. In order to approve the proposed project, a Statement of Overriding Considerations must be adopted. The Statement of Overriding Considerations is included as a part of the proposed "Findings of Fact." Implementation of the proposed project will result in significant unmitigated impacts, which are listed below and further described in the attached Findings of Fact and Statement of Overriding Considerations (Attachment 4). Summary of Environmental ImDacts ilA - /j :-; Page 4, Item No.: 7 A Meeting Date: 10/12/04 The following discussion contains a summary of the impact conclusions for the Final EIR. Project level and cumulative impacts are identified and divided into three categories: significant and unmitigated, significant and mitigated to less than significant, and less than significant. Significant and Unmitigated Impacts The significant, unmitigable impacts identified in the Village Seven Final EIR are either cumulative or regional in nature. Cumulative impacts are significant when the project is combined with other projects in the subregion, whereas an impact that is regional in nature is beyond the sole control of the City ofChula Vista. The Otay Ranch Program EIR 90-01 identified several significant and unmitigated impacts associated with the development of the Otay Ranch. All identified significant and unmitigated impacts associated with the Village Seven project and described below, are consistent with the previously identified significant unmitigated impacts in the Otay Ranch Program EIR 90-01. The Village Seven project does not result in any new unmitigated impacts, which have not already been identified in the Otay Ranch Program EIR 90-01. Land Use (Cumulative): Implementation of the proposed Village Seven SPA PlanlTMs would contribute to the conversion of undeveloped land throughout the Otay Ranch area to urban uses. The overall loss of open space associated with the conversion of the proposed Village Seven SPA and TMs, in conjunction with buildout of the cumulative projects, would result in a significant, cumulative and unmitigable impact. Landform Alteration and Aesthetics (Cumulative): Development of the proposed Village Seven SPA PlanlTMs would contribute to an overall change in visual character of the region ITom rural to an urban setting. The overall loss of the rural setting associated with the development of Village Seven SP AlTMs would result in a significant, cumulative and unmitigable impact. Biological Resources (Cumulative): Development of the proposed Village Seven SPA PlanlTMs would result in significant unmitigable impacts to raptor foraging areas. These impacts would be directly related to implementation of the proposed SP AlTMs. Agricultural Resources (Cumulative): Development of the proposed Village Seven SPA PlanlTMs would contribute to the loss of important agricultura11ands throughout the Otay Ranch area. The combined conversion of open space to developed land represents a significant, cumulative and unmitigable impact. Air Oualitv (Proiect and Cumulative): Air pollutants will be generated during construction and long-term operation of the project. Pollutants in the San Diego Air Basin exceed federal and state standards, and the basin is therefore classified as non-attainment. The project's contribution to regional air quality would represent an incremental increase in pollution, and is therefore considered a significant cumulative impact. The regional impact of the proposed project cannot be mitigated at the project level to a level less than significant. .-¡ A /~Lf Page 5, Item No.: 1fT- Meeting Date: 10/12/04 Significant and Mitigated to Less than Significant Significant impacts were identified in the following environmental issue areas. Mitigation measures required in the EIR would reduce the impacts to less than significant. · Land Use and Zoning (project and cumulative) · Landform Alteration and Aesthetics (project) · Air Quality (project - construction) · Biological Resources (project) · GeologylSoils (project) · Paleontological Resources (project and cumulative) · Agricultural Resources (project) · Water Resources and Water Quality (project and cumulative) · Transportation, Circulation and Access (project and cumulative) · Cultural Resources (project and cumulative) · Noise (project and cumulative) · Water Supply and Facilities (project and cumulative) · Sewer Service (project and cumulative) · Law Enforcement (project and cumulative) · Fire Protection (project and cumulative) · Schools (project and cumulative) · Library Services (project and cumulative) · Parks and Recreation (project and cumulative) . · Hazards/Risk of Upset (project and cumulative) · Public Health and Safety (project and cumulative) Less than Significant Impacts Less than significant impacts were identified in the following environmental issue areas: · Housing and Population (project and cumulative) · GaslE1ectric Service (proj ect and cumulative) · Solid Waste (project and cumulative) Conclusions: At the time the Program EIR (90-01) was certified and adopted in October 1993, the City Council and the County Board of Supervisors jointly determined that substantial social, environmental and economic benefits of the Otay Ranch project outweighed the significant and unmitigab1e impacts associated with the project and a Statement of Overriding Considerations for the Otay Ranch project was approved. The proposed Village Seven SP AlTMs are consistent with the adopted Otay Ranch GDP, which was comprehensively and carefully considered at that time. 'I A --5 _._~---_._.."..'--_.' ""-------.- --,.-....---.----.. -------..---+ Page 6, Item No.: 7A Meeting Date: 10/12/04 All feasible mitigation measures with respect to project impacts for the Village Seven SPAlTMs have been included in the Final EIR (see Mitigation Monitoring and Reporting Program in Attachment 5). As described above, the Village Seven project will result in unmitigab1e impacts that would remain significant after the application of these measures; therefore in order to approve the project, the City must adopt a Statement of Overriding Considerations pursuant to CEQA Guidelines Sections 15043 and 15093 (see Attachment 3, Findings of Fact and Statement of Overriding Considerations, Section XI). The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Final EIR. CEQA requires the examination of project alternatives that could reduce or avoid significant impacts even if the alternatives would not accomplish the project objectives. The EIR evaluated four alternatives: the No Project/No Development Alternative, the Bridge Crossing of La Media Road, an Alternative Mix of Land Use, and the Reduced Density Alternative. The EIR identified the No Project/No Development and the Reduced Density Alternatives as the environmentally superior alternatives, even though neither of these alternatives would meet the project objectives.(see Attachment 4, Findings of Fact and Statement of Overriding Considerations, Section X). Staff believes that the Final EIR meets the requirements of the California Environmental Quality Act and, therefore, recommends that the City Council find that the Final EIR has been completed in compliance with CEQA and adopt the Draft Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program attached to this staff report FISCAL IMPACT: The preparation and processing of the EIR is covered by the applicants' deposit accounts. Attachments 1. RCC and Planning Commission minutes regarding EIR -04-06 2. Final EIR 04-06 a. Comments and Responses 3. Planning Commission Resolution for EIR 04-06 4. Findings of Fact and Statement of Overriding Considerations 5. Mitigation Monitoring and Reporting Program J:\Planning\MARNIB\ORVillage7\Hearings\CC\V7CC EIR Agnda Stmt.doc ..".- [1 A - /P MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION July 19, 2004 Ken Lee Building Conference Room 430 "F" Street MEETING CALLED TO ORDER by Chair Teresa Thomas at 6:11 p.m. ROLL CALUMOTION TO EXCUSE MSC (Reid/Bensoussan) to excuse Commissioners John Chávez and Stanley Jasek. Vote: (4-0-0-1) with Means absent. MEMBERS PRESENT: Chair Teresa Thomas, Vice-Chair Doug Reid, Commissioners Juan Diaz and Pamela Bensoussan STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator Paul Hellman, Environmental Projects Manager Marni Borg, TEP Environmental Projects Manager Dino Serafini, Civil Engineer Dave Kaplan, Transportation Engineer Linda Bond, Recording Secretary APPROVAL OF MINUTES: April 19 and June 7, 2004 April 19, 2004 Minutes These minutes were continued to the next meeting, as the appropriate Commissioners were not present. June 7, 2004 Minutes MSC (Reid/Bensoussan) to approve the minutes of June 7, 2004. Vote: (4·0-0-3) with Chávez, Jasek and Means absent. ORAL COMMUNICATIONS: None. NEW BUSINESS 1. EIR-04-06 - Otay Ranch Village Seven SPA Plan and Tentative Maps Ms. Marni Borg (TEP Environmental Projects Manager) presented an oveNiew of the Otay Ranch Village Seven Draft Environmental Impact Report (EIR-04-06). Mr. Paul Hellman (Environmental Projects Manager) recorded Commission comments for use by the Commissioners in formulating a motion. Staff Recommendation: That the RCC finds that the EIR has been adequately prepared in accordance with the State CEQA Guidelines. II A~ '1 RCC Minutes -2- July 19. 2004 MSC (Reid/Diaz) that the RCC recommend certification of the EIR subject to the inclusion of four consensus comments and a notation in the Final EIR (see Attachment 1). Vote: (4-0-0-3) with Chávez, Jasek and Means absent. 2. Election of Officers Commissioner Diaz suggested waiting to elect officers until all members are present. MSC (Reid/Bensoussan) to continue this item to the next meeting. Vote: (4-0-0-3) with Chávez, Jasek and Means absent. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: None. CHAIR COMMENTS: Chair Thomas read an article from the July 16, 2004 edition of the Star- News regarding the Association of Environmental Professionals (AEP) 2004 award for outstanding environmental resource document to the City of Chula Vista MSCP Subarea Plan. COMMISSIONER COMMENTS Commissioner Bensoussan reported that the EI Primero Hotel on Third Avenue had been sold and expressed her hope that the new owners will turn it from an 'onion' to an 'orchid'. Vice-Chair Reid indicated that he would be on vacation at the time of the September 20, 2004 meeting. MSC (Thomas/Bensoussan) to excuse Commissioner Means. Vote: (4-0) Commissioner Diaz asked to be excused from the August 2, 2004 meeting. ADJOURNMENT: Chair Thomas adjourned the meeting at 7:27 p.m. to a regular meeting on Monday, August 2, 2004, at 6:00 p.m. in the Ken Lee Building Conference Room, 430 "F" Street, Chula Vista, CA 91910. Prepared by: ~/~~d-- Un a Bond, Recording Secretary Attachment 1: RCC Consensus Comments on the Otay Ranch Village Seven Draft EIR (J:IPlanningIRCC\2004IRCC071904Mins.doc) 1A-f ATTACHMENT 1 RCC Consensus Comments on the Otay Ranch Village Seven SPA Plan and Tentative Maps Draft EIR · Show proposed off-site grading (e.g., VORTAC site) on all applicable EIR figures. · Light pollution impacts to the Mount Palomar and Mount Laguna observatories are adàressed in the Landform .^Jteratiowf.estheties existing eonàitions seetion. Potefttial iffij'Jaets te these facilities associated with proposed on-site lighting should be addressed in the Landform Alteration/Aesthetics impact analysis section. · Provide a clearer analysis of potential cultural resources impacts associated with borrow site grading. · Address the status of and need for collaboration between the applicable agencies regarding the timing of recycled water delivery to the proposed development. Notation: Although the analysis in the traffic section of the Draft EIR is adequate, the explanation ofthe various traffic analysis scenarios for the bui1dout of Village Seven is difficult to follow. '1 A -c¡ -4TíA-C/-fME.AFí / e MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, July 28, 2004 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROll CALV MOTIONS TO EXCUSE: Present: Castaneda, Madrid, O'Neill, Hall, Cortes, Hom, Felber Staff Present: Luis Hernandez, Deputy Planning Director Marilyn Ponseggi, Environmental Review Coordinator Marni Borg, Environmental Projects Manager Dave Hanson, Deputy City Attorney I PLEDGE OF ALLEGIANCE/SILENT PRAYER MOTION TO EXCUSE ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 04-58; Conditional Use Permit for Costco Wholesale to expand an existing gas station from three islands to four islands at 1190 Broadway. Commissioner Cortes recused himself from the dais. MSC (O'Neill/Madrid) (6-0-0-1) that the public hearing be opened and continued to the August 18, 2004 Planning Commission meeting. Motion carried. 2. PUBLIC HEARING: Close of the Public Review Period for the Village 7 Sectional Planning Area (SPA) Plan and Tentative Maps (M) Environmental Impact Report (EIR 04-06). i1A -/'/) . .......1. Planning Commission Minutes - 2 - July 28, 2004 Background: Marni Borg, Environmental Projects Manager stated that the purpose for tonight's meeting is to close the public comment period on the Draft Village 7 EIR. Furthermore, all comments received this evening, including those made by the Planning Commission will be considered and addressed as part of the Final EIR. The draft EIR addresses implementation ofthe proposed Village 7 Sectional Planning Area Plan and conceptual Tentative Maps. The SPA comprises 288 acres of the 424- acre Village 7, which is located in approximately the center of the Otay Valley parcel of Otay Ranch. The proposed SPA and Tentative Maps would allow the development of 1,204 single family and multi-family dwelling units, a 7.6-acre public park and approximately 23 acres designated for a high school, approximately 11 acres designated for an elementary school and 2.8 acres designated for CPF use. The draft EIR was circulated for a 45-day public review period beginning on June 14th and tonight's hearing will mark the close of the public review period. Staff is requesting that comments be limited to issues related specifically to the information presented in the EIR. A public hearing will be scheduled before the Planning Commission in September for consideration of the SPA Plan and the certification of the Final EIR. Staff requests that any project-specific comments be held until such meeting. No members of the public were present. Commission Comments: Cmr. Felber commented on the following issues: · Questioned why the middle school was not consistently mentioned throughout the report when the high school and elementary schools were mentioned, · Was surprised to read in the freeway analysis that there was an increase in the trip generation numbers for Telegraph Canyon Rd. and not Olympic Parkway. . Questioned the report stating that the elementary school overflow would go to the nearest school, Arroyo Vista, when the nearest school is McMillin Elementary · Questioned the numbers cited on the impact analysis for utilities and public services based on the density numbèrs and construction of units. ryA II Planning Commission Minutes - 3 - July 28, 2004 Marilyn Ponseggi clarified that the comments made tonight by the commission should be limited to issues related specifically to the information presented in the EIR and that any project-specific comments should be held until the public hearing in September when the Commission will consider the SPA Plan and Final EIR. Ms. Ponseggi further recommended that the comments raised by Commissioner Felber be made, with the Commission's concurrence, as part of the motion in the form of questions you would like to see answered in the Final EIR. MSC (Felber/Hom) (7-0) that the public review period for Draft EIR 04-06 be closed. Motion carried. MSC (Felber/Hall) (7-0) that the Final EIR consider: · To re-evaluate the traffic numbers in the freeway interchanges at Telegraph Canyon Rd. and Olympic Parkway · Clarify the closest elementary school that the overflow of children would attend · Re-evaluate the generation numbers in general throughout the document. Motion carried. BUSINESS: . Appointment of GMOC representative for FY 04-05. MSC (Castaneda/Horn) (7-0) to appoint Commissioner O'Neill as the representative to GMOC. Motion carried. . Appointment of new Chair and Vice Chair of the Planning Commission for FY 04-05. MSC (Castaneda/Felber) (7-0) to table this item to the August 18th Planning Commission meeting. Motion carried. ry 11 -- I ;)- Planning Commission Minutes - 4 - July 28, 2004 ADJOURNMENT at 6:45 p.m. to the Planning Commission meeting of August 18, 2004. Diana Vargas, Secretary to Planning Commission í7 A -/3 ~. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, September 22, 2004 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Absent: Madrid, Hall, O'Neill, Castaneda, Hom Cortes, Felber Staff Present: Jim Sandoval, Director of Planning and Building Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager Jim Hare, Deputy Redevelopment Director Marni Borg, Environmental Projects Manager John Mullen, Deputy City Attorney III PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid ORAL COMMUNICATIONS: Sunny Chandler, 442 F Street, Chula Vista, addressed the Commission and stated she was concerned with wanton spending and inquired why is what appears to be a perfectly good City Hall building being demolished. Steve Molski, stated he had two issues to address; the first one being that he is opposed to putting residential development on the Bayfront. Secondly, he would like to see a concerted effort to repaving of the older streets in western Chula Vista. 1. PUBLIC HEARING: EIR 04-05; Close of Public Review Period for the Españada Environmental Impact Report. A verbatim transcript has been prepared of the public testimony and is available under separate cover. 2. PUBLIC HEARING: a. Consideration of the Final Second Tier Environmental Impact report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area (SPA) and Tentative Maps. ïA -11 Planning Commission Minutes - 2 - September 22, 2004 b. PCM 04-05; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving approximately 303 acres between the future extension of La Media Road and the alignment of SR-125, south of Birth Road, within the Otay Valley Parcel. c. PCS 05-09; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. d. PCS 05-07; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. Jim Hare, Deputy Redevelopment Director reported that McMillin Otay Ranch LLC submitted an application requesting approval of a new Sectional Planning Area (SPA) Plan associated regulatory documents for Village 7. Additionally, Otay Project LP submitted and application for a subdivision comprising 105 acres of Village 7 of Otay Ranch, while concurrently, McMillin Otay Ranch LLC submitted an application for a subdivision comprising 163 acres of Village 7 of Otay Ranch. Mr. Hare presented an overview of the proposals as submitted in the staff report. Marni Borg, Environmental Projects Manager reported that in accordance with CEQA requirements, a Second Tier EIR, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program have been prepared for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Ms. Borg gave an overview of the content of the Final EIR and stated that the Final EIR contains responses to comments received during the public review period. Staff Recommendation: That the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory r¡ A - / f..::; Planning Commission Minutes - 3 - September 22, 2004 documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: Cmr. Hall stated that a lot of faith has been put into the success of SR-125, and it has been his experience in speaking with people, that although studies may show the road will be used, the average citizen feels that the toll is going to be a disincentive to its use. Cmr. Hall further inquired if there was another alternative, or mechanism in place that ensures that construction is halted if SR-125 doesn't work and the major arterials are over-loaded. Dino Serafini, General Services Engineering Division stated that all of the SANDAG traffic models he has seen show that with the completion of SR 125, the traffic on the arterials that feed into SR-125 are reduced. Mr. Serafini also stated that the GMOC process has thresholds in place and is a means by which to gauge how construction is impacting traffic and roadways. Worst case scenario; should it be determined that they've reached unacceptable levels, the City Council would have the option of imposing a building moratorium. Jim Sandoval clarified that the GMOC is an annual process that measures, among other things, traffic. Furthermore, there are several villages and commercial development yet to be constructed and it takes a couple of years for each of these villages to build-out, therefore, we're not going to see much development between now and October 2006 when SR-125 is scheduled to open. Worst-case-scenario, if after a year or two after SR-125 opens, the GMOC threshold is reached, then at that time, the City Council would have to make a determination as to what happens in terms of future development. Cmr. Castaneda inquired what is the remaining number of units yet to be constructed before reaching the 8,990 unit cap. Mr. Serafini responded that approximately 2/3 of the units are left to be built. The components (1-805/0Iympic, H Street and Telegraph Canyon) of the monitoring agreement is not complete until these three traffic enhancements are completed. 7A-/rÞ Planning Commission Minutes - 4 - September 22, 2004 Cmr. Castaneda further asked what was the process for revising the threshold standards. Mr. Serafini responded that he was not aware of any process for doing that. Cmr. Castaneda stated that he recalls this being a topic of discussion a while back, and that there is a provision in the environmental document that states that if the City Engineer were to determined that the levels of traffic or congestion were either resolved or insignificant, then he could allow the thresholds to be changed. Cmr. Castaneda also recalls that if any changes were to occur to the existing thresholds, it would require a public hearing in order for this to be done. Mr. Serafini responded affirmatively that that is still the case. Furthermore, there is a condition of approval in the mitigation measures which states that the City will not allow any units to be built in Village 7 until SR-125 is constructed between SR-54 and the international border. Cmr. Hom stated he was actively involved, co-chairing the efforts to bring SR-125 to fruition. He further indicated that in spite of knowing that this would be a toll road, there was a lot of support from the community for the construction of this roadway. Cmr. Hom stated that ridership on SR-125 is critical to future development since it is envisioned to bring traffic relief and avoid overloading other major arterials, therefore, he put forth the idea that perhaps the developer would be willing to purchase the passltransponder for the toll road for new home-buyers. Public Hearing Opened. Kathy Tanner, Sweetwater Union High School District, stated she was present to express their support for the Otay Ranch Village 7 SPA Plan because this completes another step in the process for opening High School #13 in July of 2006. She urged the Commission's approval of the plan. Todd Galarneau, McMillin Company, acknowledged staff's.efforts and hard work on this project. Mr. Galarneau stated that the need for a new high school in the Otay Ranch came up in the Spring of 2003 when the City was holding the high school siting committee hearings. During those hearing the McMillin Company offered to deliver a high school site complete with utilities and infrastructure if the City could expedite the SPA Plan for Village 7. Over the last 15 months they worked extremely hard with City and District staff to development the SPA Plan and Tentative Map that is before the Commission this evening. Mr. Galarneau further stated that, had it not been for the extraordinary and continuing effort and commitment to achieving that goal, this SPA Plan would not be on schedule and before the Commission at this time. 111 -/1 Planning Commission Minutes - 5 - September 22, 2004 Mr. Galarneau wished to clarify the condition stating that Village 7 does not get any building permits until SR125 is built all the way down to the international border. Mr. Galarneau indicated, however, that this condition is caveated to allow them to take advantage of a couple of opportunities. One is; if there is an early opening of SR125 to Olympic Parkway, and they can provide a traffic study that demonstrates that it does provide the necessary traffic relief on the arterials, then they would be able to request building permits. Secondly, if other alternative measures were to be identified by the City, i.e. additional improvements that might provide additional capacity, changes to the GMOC thresholds, or subsequent building agreement; if anyone of those measures were to come up, then they would have the ability to take advantage of those as would any other development coming in. This would not preclude them from opportunities that are available to others, just because McMillin is coming in early in the process. Public Hearing Closed. MSC (O'NeillIHom) (5-0-2-0) that the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non-Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Motion carried. ADJOURNMENT at 9:35 p.m. to the Planning Commission meeting of October 13, 2004. Diana Vargas, Secretary to Planning Commission í/A --/6 ;411ílC HM 8'AJ T :L. Changes Incorporated in the Final Environmental Impact Report for the Village 7 Sectional Planning Area Plan and Tentative Maps Project The following table identifies the locations of the key changes to the text, tables, and graphics and a brief description of the changes, which were made in response to the comments received during review of the Draft EIR. Text changes in the Final EIR are indicated with underline for added text and strikethrough for deleted text. Copies of all letters received by the City of Chula Vista regarding the Draft EIR and the responses to comments follow immediately after this section. Location in the Final EIR Pa es ES-6, 4.4-12 throu h 13 Pa es ES-9, 4.9-6 Pa es ES-IO, 4.11-25 Pa es ES-IO, 4.11-25 Pa es ES-IO, 4.11-26 Pa es ES-12, 4.12-21 Pa es ES-12, 4.12-24 Pa es ES-12, 4.12-35 Pa es 2-9, 4.1-1, 4.1-3 Pages 3-11, 4.1-26 Description Correction to Miti ation Measure 4.4-2. Correction to Miti ation Measure 4.9-1. Addition of re uirement for burrowin owl surve s. Clarification to Miti ation Measure 4.11-3. Clarification to Miti ation Measure 4.11-4. Correction to Miti ation Measure 4.l2c-1. Correction to Miti ation Measure 4.l2d-1. Correction to Miti ation Measure 4.l2f-1. Correction of reference to SR 125 as a Tollwa IFreewa Correction to the phasing discussion regarding residential develo ment. Clarification that SR 125 is assumed to be a toll facili . Correction to oundwater de tho Clarification that anal sis included the off-site borrow area. Correction to reference of Site 16,679. Clarification that the ro· ect' s WSA& V was a roved. Correction to 0 ulation ro' ections. Pa e4.3-19 Pa e 4.7-6 Pa es 4.9-1, 4.9-3, 4.9-5 Pa e 4.9-3 Pa e4.12-12 Pa es 4.14-2, 4.14-4, 4.15-4 Village 7 Sectional Planning Area Plan EJR final: October 12,2004 i7A··~il Page PR·] - c: Q) E E o u o - rJ) Q) rJ) c: o c. rJ) Q) 0:: '"§""§~ê.š rn 0 1ü t,¡:; '" _ .c 0) .8 .9 ro a ~ "'d p.. ~::34-< 0) oj;::: Z 0 g ~ ~ . ~ ~ <C .~ § E ~ b.O'~ '''¡::: Q) Q) ~ "'d g.£ ~ ·s'"d VJ 0 ro ¡::: < en .- ~dE~~ "" .0_ 0) '" '" '"t)EE.~ ¡::: ~ § ~-' ·.§~u~~ ß ¡:::: 0 ro ¡... ~~;Õ~lc8 V 0 ~.£ ~u 0 ::3 ::::: 0 ~..E. >; (l) ;:: d) 00 ~ 8 '"d -'" '" 01)"" '" +:l 0 ¡::: 0 ro I-< p..'~ VJ____ ~Bo~>< t:.....:=oB o OI)c8 80- r.;:: ::s ro 5"- Q) p.. ;:: ~ ~ £ ¡...·ß --=¡::c.S;.a o 0'- en "'d [~"'d ~ ro 8] ~ () I-< ....... ...... 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EIR 04-06 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FÍNÁL SÉCOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 04-06) FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAPS (TMS); MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR 04-06 WHEREAS, McMillin Otay Ranch, LLC, and Otay Project, LP, submitted an application requesting approvals for a Sectional Planning Area (SPA) Plan and Tentative Maps (TMs) for Village Seven ("Project"); and WHEREAS, a Draft EIR 04-06 was issued for public review on June 14,2004 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 04-06 on July 28, 2004 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Draft EIR 04-06 on September 22, 2004; and WHEREAS, a Final Environmental Impact Report (FEIR 04-06) was prepared on the Village Seven SPA and TMs; and WHEREAS, FEIR 04-06 incorporates, by reference, the prior EIRs that address the subject property including the Chula Vista General Plan EIR and the Final Otay Ranch GDP/SRP Program EIR (90-01), the Village Seven SPA Plan; the Village Seven Public Facilities Finance Plan as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated September 22, 2004 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 04-06 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. r¡ A ~ :) (,:, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the Ci!):: of C~ula Vista does hereby find, determine, resolve and order as follows: - .. . I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Draft EIR 04-06 held on July 28, 2004 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, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). II. FEIR 04-06 CONTENTS That the FEIR 04-06 consists of the following: 1. Second-Tier EIR for the Village Seven SPA Plan and TMs (including technical appendices); and 2. Comments and Responses 3. Errata (All hereafter collectively referred to as "FEIR 04-06") III. ACCOMPANYING DOCUMENTS TO FEIR 04-06 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 04-06, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) are prepared in accordance with the requirement of CEQA (pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City ofChula Vista. ïJA- . ."-¡ :;;;; PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this September 22, 2004, by the following vote, to-wit: AYES: Madrid, O'Neill, Hall, Horn, Castaneda NOES: ABSENT: Cortes, Felber ABSTENTIONS: ~~u~ Vicki Madrid, Vice Chair ~ Diana Vargas ~ Secretary to Planning Co ission Exhibit A Findings of Fact and Statement of Overriding Considerations Exhibit B Mitigation Monitoring and Reporting Program nA- t:~'X . J ......... '-. ·.' ,,4 TrA-C i+M 8' AJ{ 'f ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAPS CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS October 12, 2004 ì7 fì - :;l¡ TABLE OF CONTENTS Section Page I. INTRODUCTION ....... .................................................. ................................................1 II. ACRONYMS .................................................................................................................2 III. PROJECT DESCRIPTION.................................................................................. ..........4 IV. BACKGROUND ...... .....................................................................................................6 V. RECORD OF PROCEEDINGS.... .............................. ..... ..............................................7 VI. FINDINGS REQUIRED UNDER CEQA.....................................................................9 VII. LEGAL EFFECTS OF FINDINGS .............................................................................11 VIII. MITIGATION MONITORING PROGRAM ..............................................................12 IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES..................................13 A. LAND USE ................................. ................................. ....... ................................. ..17 B. AGRICULTURAL RESOURCES ........................................................................19 C. TRAFFIC, CIRCULATION AND ACCESS ........................................................22 D. NOISE.................................................................................................................. .27 E. AIR QUALITy............................................ . .............................................. ..........29 F. LANDFORM AL TERA TIONI AESTHETICS........................ ..............................32 G. HYDROLOGY/DRAINAGE/W ATER QUALITY ..............................................36 H. GEOLOGY AND SOILS ......................................................................................39 I. CULTURAL RESOURCES ................................. ..... ............... .............................40 "7ft ' .' I .,', ¡ 'TtO J. PALEONTOLOGICAL RESOURCES ...................................................... ...........42 K. BIOLOGICAL RESOURCES .................. .............................................................44 L. UTILITIES AND PUBLIC SERVICES................................................................48 M. PUBLIC HEALTH AND SAFETY.......................................................................57 N. PARKS, RECREATION, TRAILS, AND OPEN SPACE....................................58 X. CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES ......60 A. LAND USE, PLANNING, AND ZONING ..........................................................60 B. AGRICULTURAL RESOURCES ........................................................................61 C. TRAFFIC, CIRCULATION, AND ACCESS .......................................................62 D. AIR QUALITy........................................... ................ ................... ........................64 E. LANDFORM AL TERA TIONI AESTHETICS ....... ........ ............................ ...........66 F. HYDROLOGY/WATER QUALITY ....................................................................67 G. PALEONTOLOGICAL RESOURCES ...... ............................... ............................69 H. BIOLOGICAL RESOURCES ......................... ......................................................71 XI. FEASffiILITY OF POTENTIAL PROJECT ALTERNATIVES ...............................72 A. NO PROJECTINO DEVELOPMENT ALTERNATIVE......................................75 B. BRIDGE CROSSING OF LA MEDIA ROAD ALTERNATIVE ........................77 C. ALTERNATIVE MIX OF LAND USES .............................................................79 D. REDUCED DENSITY ALTERNATIVE..................................................·.·.........80 11 rlA-iPj E. ENVIRONMENTALLY SUPERIOR ALTERNATIVE ......................................81 XII. STATEMENT OF OVERRIDING CONSIDERATIONS ..........................................82 11l r77A '''' - (Pd"" ArrÆC"ttMEkJí 1 BEFORE THE CHULA VISTA CITY COUNCIL RE: Village 7 Sectional Planning Area Plan and Tentative Maps Environmental Impact Report (EIR); SCH #2003111050; EIR #04-06. FINDINGS OF FACT 1. INTRODUCTION AND BACKGROUND The Final Environmental Impact Report (Final EIR) prepared for the Village 7 Sectional Planning Area Plan and Tentative Maps project addresses the potential environmental effects associated with implementation of the project. In addition, the Final EIR evaluates four alternatives to the proposed project: the No ProjectINo Development alternative, Bridge Crossing of La Media Road alternative, Alternative Mix of Land Uses, and Reduce Density alternative. The Final EIR represents a second tier EIR, in accordance with CEQA Section 21094, and tiers off the Program EIR prepared for the Otay Ranch General Development Plan (EIR 90·01lSCH #89010154). These findings have been prepared to comply with requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.). 1 '-lA\ ¡ ':;"., ~. ..- j .---J IJ ADT AM BMP Caltrans CEQA City CNEL CO CSS CVPD dB dBA EIR FAA FPP GDP GMOC gpd LOS MMRP mph MS MSCP MSS NO! NOx NPDES OCP OWD PFDIF PFFP Ph.D. PM PMlO RMP II. ACRONYMS Average Daily Traffic mornmg Best Management Practices California Department of Transportation California Environmental Quality Act City ofChula Vista Community Noise Equivalent Level Carbon Monoxide Coastal Sage Scrub Chula Vista Police Department decibels A weighted sound level Environmental Impact Report Federal Aviation Administration Fire Protection Plan General Development Plan Growth Management Oversight Committee gallons per day Levels of Service Mitigation Monitoring and Reporting Program miles per hour Masters of Science Degree Multiple Species Conservation Program Maritime Succulent SCPlb Notice ofIr;L:¡~ Nitrogen Oxides National Pollutant Discharge Elimination System organochlorine pesticide Otay Water District Public Facilities Development Impact Fees Public Facilities Finance Plan Doctorate Degree evenIng Particulate matter Resource Management Plan 2 lli¡/ 1 ROG RWQCB SANDAG SCAQMD SPA SR SRP SUSMP SWPPP SWRCB SWSAS TM VORTAC Reactive Organic Gases Regional Water Quality Control Board San Diego Association of Governments South Coast Air Quality Management District Sectional Planning Area State Route Subregional Plan Standard Urban Storm Water Mitigation Plan Storm Water Pollution Prevention Plan State Water Resources Control Board Storm Water Sampling and Analysis Strategy Tentative Map VHF OMNI-Directional RangelTactical Air Navigation 3 1A-&S III. PROJECT DESCRIPTION The Village 7 SPA Plan project presents a plan of development for the McMillin Otay Ranch, LLC and Otay Project LP ownerships within Village 7 of the Otay Ranch GDP area. The Village 7 SPA Plan allows for a total of 756 single-family dwelling units and 448 multi-family dwelling units. A minimum of 10 percent of the total dwelling units within the Village 7 SPA Plan will provide housing for low and moderate-income households. Other land uses designated by the Village 7 SPA Plan include an elementary school, a high school, public park, community purpose facilities, open space, and roadways. The Village 7 SPA Plan is consistent with and implements the Otay Ranch GDP. The Village 7 SPA Plan project includes the concurrent processing of Tentative Maps (TMs) for both the McMillin Otay Ranch, LLC and Otay Project LP ownerships. The McMillin Otay Ranch, LLC TM results in the development of a total of 310 single-family residential units and 448 multi-family residential units and the grading for a 7.6-acre park site, a I 1. I-acre elementary school site, a 23.4-acre high school site and a l.l-acre community purpose facility site. The Otay Project LP TM includes the development of 375 single-family residential units and a 1.7 acre community purpose facility site. The TMs also establish infrastructure requirements. The Village 7 SPA Plan also includes off-site inITastructure improvements, which are needed to serve the proposed development within the McMillin Otay Ranch, LLC and Otay Project LP ownerships. A connector road between La Media Road and Magdalena Avenue will run through a portion of land owned by Otay Land Company, as well as require grading into a portion of the FAA property located south and west of the project site and not a part of the Village 7 SPA Plan project. Grading into a small portion of the northeast corner of the FAA site associated with Magdalena Avenue would also occur. Additionally, the Otay Project LP TM will include a 44· acre borrow site located inmIedial;;lY west of the project and south of Wolf Canyon. Discretioi1arv Acti.0Tili The discretionary actions to be taken by the City Council of the City of Chula Vista (City) include the following: . Village 7 SPA Plan. In approving the proposed project, the City would process the Village 7 SPA Plan in compliance with the General Plan and GDP goals and policies. 4 7A,te~ . McMillin Otay Ranch, LLC Tentative Map. In approving the proposed project, the City would allow for development of the McMillin Otay Ranch, LLC ownership within Village 7 in accordance with SPA Plan land uses and performance standards. . Otay Project LP Tentative Map. In approving the proposed project, the City would allow for development of the Otay Project LP ownership within Village 7 in accordance with SPA Plan land uses and performance standards. The City Council will also determine whether the Final EIR is complete and in compliance with CEQA as part of the certification process. The City of Chu1a Vista is the lead agency and has discretionary power of approval for all the actions pertaining to the Village 7 SPA and TMs sought by McMillin Otay Ranch, LLC and Otay Ranch LP, the applicants for the project. The Final EIR is intended to satisfy CEQA requirements for environmental review of those actions. Proiect Goals and Objectives As specified in the Final EIR, the objectives of this project include: · Implement and demonstrate consistency with the goals, objectives, and policies of the Chula Vista General Plan and the Otay Ranch General Development Plan; · Implement Chula Vista's Growth Management Program to ensure that public facilities are provided in a timely manner; · Foster development pattems which promote orderly growth and minimize urban sprawl; · Maintain and enhance a sense of community identity within the City of Chula Vista and surrounding neighborhoods; · Provic'2 for the establIshment of a pedestrian-oriented village; · Promote complementary uses between villages to balance activities, services and facilities; · Promote effective management of natural resources by concentrating development into less sensitive areas while preserving large contiguous open space areas with sensitive resources; · Contribute to the unique Otay Ranch image and identity that differentiate Otay Ranch ITom other communities; 5 r¡ A -~ {/7 · Wisely manage limited physical resources; · hnplement development consistent with the proVIsIons of the Otay Ranch Resource Management Plan (RMP); · Establish a land use and facility plan that assures village viability in consideration of existing and anticipated economic conditions; and · Provide for the future development of a high school to accommodate the anticipated high school student projections. IV. BACKGROUND The Village 7 SPA Plan project area is located in the Otay Valley parcel portion of the Otay Ranch, a 23,700-acre, master-planned community. The first tier of planning and approvals for Otay Ranch, which included a Program Environmental hnpact Report (Otay Ranch GDP/SRP Program EIR 90-01/SCH #89010154), was approved in October 1993. At that time, it was anticipated that due to the large project area, complexity of issues, and extended buildout time rrame, second tier documents will be required to address subsequent development projects. The Village 7 SPA Plan provides a second tier planning document that details how the McMillin Otay R.anch, LLC and Otay Project LP ownerships within Village 7 will be developed. In accordance with Section 21093 ofCEQA, this EIR tiers rrom the Otay Ranch GDP Program EIR and provides specific environmental review for the McMillin Otay Ranch, LLC and Otay Project LP portions of Village 7. Historically, the hnCl comprising Otay Ranch, including the Village 7 SPA Plan project area, has been useè "'')r 'lgricultural purposes such as ranching, grazing, dry farming, and truck farming 'lctivities. (;rop proc1wtion consisted primarily of hay and grains due to limited ,"'ater availability. The majority u' the site is still used for agricultural activities. The applicants for the Village 7 SPA Plan project (McMillin Otay Ranch, LLC and Otay Project LP) own the majority of the land comprising Village 7; however, the applicants do not own all land within Village 7. The other ownerships are Otay Land Company, FAA, and the Stephen & Mary Birch Foundation. Because the applicants do not control the land outside the Village 7 SPA Plan project area, they are unable to specifically plan these areas as part of the SPA, and land uses have not been assigned to these properties. Future development of those areas outside the 6 r7A~!~ X . I !.¥-..¡ control of the applicants will require amendment(s) to the Village 7 SPA Plan and subsequent environmental review under CEQA. v. RECORD OF PROCEEDINGS For purposes of CEQA and the findings set forth below, the administrative record of the City Council decision on the environmental analysis of this project shall consist of the following: · The Notice of Preparation and all other public notices issued by the City in conjunction with the project; · The Draft and Final EIR for the project (EIR #04-06), including appendices and technical reports; · All comments submitted by agencies or members of the public during the public comment period on the Draft EIR; · All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the proposed project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's actions on the proposed project; · A 1J documents, comments, and correspondence submitted by members of the public and puhlic agencies in connection with this project, in addition to comments on the EIR for the proj ect· · All documents submitted to the City by other public agencies or members of the public in connection with the EIR, up through the close of the public hearing; · Minutes and verbatim transcripts of all workshops, the scoping meeting, other public meetings, and public hearings held by the City, or videotapes where transcripts are not available or adequate; 7 fJA· . ,:~j - ,.,- ! ",1./' ¡ · Any documentary or other evidence submitted at workshops, public meetings, and public hearings for this project; · All findings and resolutions adopted by City decision makers in connection with this project, and all documents cited or referred to therein; and · Matters of common knowledge to the City, which the members of the City Council considered regarding this project, including federal, state, and local laws and regulations, and including but not limited to the following: Chula Vista General Plan; Relevant portions of the Zoning Code of the City; Otay Ranch General Development Plan (GDP); Otay Ranch Resource Management Plan (RMP); City of Chula Vista Multiple Species Conservation Act Subarea Plan; Otay Ranch GDP/SRP Final EIR (90-01); Any other materials required to be in the record of proceedings by Public Resources Code section 2]]67.6, subdivision (e). The custodian of the documents comprising the record of proceedings is Susan Bigelow, Clerk to the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910. Tr~ (';t~¡ Council has relied on all of the documents listed above in reaching its decision on the Village 7 SPA Plan project, even if every document was not formally presented to the City Council 0;- City Staff as part of the City files generated in connection with the Village / SPA Plan project Without exception, any documents set forth above but not found in the project files fall into two categories, Many of them reflect prior planning or legislative decisions with which the City Council was aware in approving the Village 7 SPA Plan (see City of Santa Cruz v. Local Agency Formation Commission (1978) 76 CaLApp.3d 381, 391-392 [142 CaLRptr. 873]; Dominey v. Department of Personnel Administration (1988)205 CaLApp.3d 729,738, fn. 6 [252 CaL Rptr. 620]. Other documents influenced the expert advice provided to City Staff or consultants, who then provided advice to the City CounciL For that reason, such documents form part of the underlying factual basis for the City Council's decisions relating to the adoption 8 7 ft -'] 0 ~. of the Village 7 SPA Plan (see Pub. Resources Code, section 21167.6, subd. (e)(lO); Browing- Ferris Industries v. City Council of City of San Jose (1986) 181 Cal. App.3d 852, 866 [226 Cal.Rptr. 575]; Stanislaus Audubon Society, Inc. v. County of Stanislaus (1995) 33 Cal.App.4th 144,153, 155 [39 CaLRptr.2d 54]). VI. FINDINGS REQUIRED UNDER CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects" (emphasis added). Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects." The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required (see Pub. Resources Code, § 21081, subd. (a); CEQA Guidelines, § 15091, subd. (a». For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or 1110re of tlli"e permissible conclusions. The first such finding is that "[ c ]hanges or alter"tion.' ha\ e been required in, or incorporated into, the project which avoid or substantially lessen ,lee signitìcallt environmental effect as identified in the final EIR" (CEQA Guidelines, ¡¡ 15091, subd. (a)(l). The second permissible finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines, § 15091, subd. (a)(2». The third potential finding is that "[ s ]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR" (CEQA Guidelines, § 15091, subd. (a)(3». Public R.esources Code section 21061.1 defines "feasible" to mean "capable of being 9 1-/ /1- "'1 I' n¡·- I I . accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553,565 [276 Cal.Rptr. 410]). The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (see City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [' 83 Cal.Rptr. 898]). '" [F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182]). The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these terms rrom the other contexts in which the terms are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects" (Pub. Resources Code, § 21002). For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than sIgnificant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147 Cal.Rptr. 842 j, in which the Court of Appeal held that an agency had satisfied its übligation to substantially lessen or avoid significant effects by adopting nUmerous mitigation measures, not all of which rendered the significant impacts in question less than significant. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid [ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less than significant level or has simply been substantially lessened but remains significant. 10 r711- íé3-' Moreover, although section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the final EIR (FEIR). In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the project lies with some other agency (CEQA Guidelines, § 15091, subd. (a), (b». With respect to a project for which significant impacts are not avoided or substantially lessened either through the adoption of feasible mitigation measures or a feasible environmentally superior alternative, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects" (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b». The California Supreme Court has stated that, "[t]he wisdom of approving. . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Cal.3d 553, 576). VII. LEGAL EFFECTS OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the EIR are feasible and have not been modified, superseded or withdrawn, the City (or "decision makers") hereby binds itself and any other responsible parties, including the applicant and its successors in interest (hereinafter referred to as "Applicant"), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution(s) approving the project. 11 iN-I ï;" ;..<, - '-" The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring reporting program adopted concurrently with these findings and will be effectuated through the process of implementing the project. The mitigation measures are referenced in the mitigation monitoring and reporting program adopted concurrently with these findings, and will be effectuated both through the process of implementing the Otay Ranch GDP and through the process of constructing and implementing the Village 7 SPA Plan. VIII. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, subd. (a)(l), the City, in adopting these findings, also concurrently adopts a mitigation monitoring and reporting program (MMRP) as prepared by the environmental consultant under the direction of the City. The program is designed to ensure that during project implementation, the applicant and any other responsible parties comply with the feasible mitigation measures identified below. The program is described in the document entitled Village 7 SPA Plan Mitigation Monitoring Reporting Program. The City will use the MMRP to track compliance with project mitigation measures. The MMRP will be available for public review during the compliance period. The monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions of approval are placed on the project throughout the project approval process. The monitoring program will serve as a dual purpose of verifying completion of the mitigation measures for the proposed proiect and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes monitoring team qualifications, specific monitoring activities, a reporting system, and criteria for evaluating the success ofthe mitigation measures. 12 1}/1' 'if IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts") that the project will cause. Some of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Others cannot be fully mitigated or avoided by the adoption of feasible mitigation measures or feasible environmentally superior alternatives. However, these effects are outweighed by overriding considerations set forth in Section XII below. This Section (IX) presents in greater detail the City Council's findings with respect to the environmental effects of the project. The project will result in significant environmental changes with regard to the following issues: land use; agricultural resources; traffic, circulation and access; noise; air quality; landform alteration/aesthetics; hydrology/drainage/water quality; geology and soils; cultural resources; paleontological resources; biological resources; and utilities and public services (sewer, water, police, fire and emergency medical services, parks and recreation, schools and libraries) and public health and safety. These significant environmental changes or impacts are discussed in Final EIR. 04-06 in Table ES-l on pages ES-4 through ES-14 and in Chapter 4, Environmental Impact Analysis, pages 4.1-1 through 4.15-9. No significant effects were identified for population and housing, solid waste disposal and gas and electricity services. The proposed project will result in unmitigable changes to land use, agricultural resources, air quality, landform alterations/aesthetics, and biological resources. Land Use hnplementation of the proposed Village 7 SPA Plan and TMs will result in direct impacts associated with land use compatibility with: a) visual impacts of the VORTAC iacility from residential use; b) noise impacts rrom traffic along Birch and La Media Roads; park lighting "spillover" into residential neighborhoods, and c) on-going agricultura1 operations adjacent to the proposed urban uses. In addition, the proposed project will result in a significant change in character of the site rrom undeveloped to urban uses, The overall change in the character and use of the site rrom rural agricultural to urban will have a significant cumulative land use impact as identified in the GDP Program EIR (90-01). 13 )ft ~ 76 Agricultural Resources hnplementation of the proposed project will result in a significant direct short-term land use compatibility impact at the interface between on-going agricultural operations and urban development. The proposed project will also result in the direct loss of Prime Farmland or Grazing Land to urban uses. The loss of agricultural land and land suitable for the production of crops associated with the Village 7 SPA Plan project will also contribute to the cumulatively significant impact identified in the GDP Program EIR (90-01) due to the incremental and irreversible loss or impairment of limited agricultural resources. Traffic, Circulation. and Access Approval of the Village 7 SPA Plan project will result in significant direct impacts to traffic at the intersection of Rock Mountain Road/La Media Road and to the roadway segment of Rock Mountain Road fTom La Media Road to SR 125. The project will contribute to cumulative traffic impacts at the intersections of Telegraph Canyon Road/I-805 southbound ramps and at Rock Mountain Road/La Media. Additionally, the project will contribute incrementally to cumulative roadway segment impacts along Telegraph Canyon Road rrom I-805 to Oleander Avenue, along Rock Mountain Road rrom Main Street to SR 125, and along Rock Mountain Road rrom SR 125 to Eastlake Parkway. Noise Traffic-generated noise along Birch Road, La Media Road and SR 125 will cause a significant direct noise impact on proposed residential uses within the Village 7 SPA Plan area. Air Qualitv The proposed project will result in temporary and long-term cumUlative ail ,!uality impacts. Construction and grading activities will result in temporary emissIOns irom equipment exhaust emissions. Operation of the project will result in long-term cumHlative emissIOns rrom project- related vehicular trips. Once the Village 7 SPA Plan project area is built out, the project will contribute to long-term cumulative operational emissions, primarily from vehicle emissions that will exceed SCAQMD thresholds. The GDP Program EIR (90-01) identified significant short- term and cumulative impacts on regional air quality rrom build out of the Otay Ranch. 14 ill)' ,17 (I Landform Alteration! Aesthetics The Village 7 SPA Plan will result III an overall change to the existing Otay Ranch area topography and landscape rrom predominantly rural to a more urban/developed character. Grading will permanently alter the natural landform of the site. The GDP Program EIR (90-01) identified significant direct and cumulative impacts to landform alteration and aesthetics due to change of land use from undeveloped to urban, and due to the alteration of existing landforms. In addition, the proposed project will result in significant direct impacts associated with the increase in light and glare ftom the increase in developed area. Hydrologv/Drainage/Water Quality Project implementation will introduce landscaping, impermeable surfaces, and urban activities to undeveloped land, as well as new pollutant sources, such as automobiles and household products, which will result in significant long-term, direct and cumulative, impacts. Impermeable surfaces will decrease the amount of infiltration occurring at the project site and will lead to increased runoff rates and the potential for pollutants to be introduced to water sources. Geology and Soils Potentially significant construction-related direct impacts to geology and soils at the site will result rrom the presence of compressible and expansive soils and the potential for settlement and landslides to occur. Cultural Resources The proposed project will impact the four archaeological sites known to exist within the proposed project site. These sites have been tested and determined to be not significant under CEQA; therefore, the project will not result in direct or cumulatively significant impacts to archaeological resources that have been identified as significant. However, the proposed project could result in significant impacts to unknown important subsurface archaeological materials that may be encountered during grading and excavation activities for the project. Paleontological Resources Grading activities associated with the development of the project will potentially impact paleontological resources. Destruction of paleontological resources rrom the Otay formation would be a significant direct impact. 15 If¡ ^ 77 Biological Resources hnplementation of the proposed Village 7 SPA Plan and TMs will result in a direct and cumulative impacts to non-native grassland which is raptor foraging habitat. The Otay Ranch GDP Program EIR (90-01) identified loss of raptor foraging habitat as a significant impact. Additionally, development of the McMillin Otay Ranch, LLC TM and the Otay Project LP TM will result in significant direct impacts to revegetated maritime succulent scrub, coastal sage scrub, disturbed coastal sage scrub, and jurisdictional waters. Utilities and Public Services Sewer. The proposed wastewater generation will result in significant direct impacts to the existing sewer system. Water. The projected water demand could result in significant direct impacts on water service, if water facilities to serve the project are not constructed prior to demand. I,aw Enforcement. The proposed project will result in significant direct impacts to law enforcement due to the increase in demand for patrol officers to service the proposed land uses. Fire and Emergency Medical Services. The proposed project would result in a significant direct impact on fire and emergency medical services due to the increase in demand for services to the proposed land uses. Schools. The proposed project will result in a significant direct impact on schools due to the fact that the proposed project would generate elementary, middle, and high school-aged children. Library. The proposed project will result in a significant dired 'mpact on library service due to an increase in demand. Public Health and Safety Soils samples taken at the project site identified because arsemc, organochlorine pesticides (OCP) and low levels of DDE, DDT and toxaphene. The proposed project could result in potentially significant direct impacts related to contaminated soils. 16 r¡ fj- " .) 'j /' i' '.," Parks, Recreation, Trails, and Open Space The Village 7 SPA Plan will result in direct impacts to parks. The proposed project will result in the need for 11.5 acres of developed parkland. As proposed, a 7.6-acre neighborhood park site will be provided; therefore, an additional 3.8 acres of parkland is needed. A. LAND USE Standards of Significance: The proposed project would have a significant impact on land use if it would: · Physically divide an established community; · Conflict with any applicable land use plan, policy, or applicable agency regulation adopted for the purpose of avoiding or mitigating an environmental effect; or · Conflict with any applicable habitat conservation plan or natural community conservation plan. Impact: The proposed project will result in significant direct land use compatibility impacts associated with: a) visual impacts of the VORTAC facility rrom residential use; b) noise impacts from traffic along Birch and La Media Roads; park lighting "spillover" into residential neighborhoods, and c) on-going agricultural operations adjacent to the proposed urban uses. Finding: Pursuant to section 15091 (a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will sub~tantially lessen or avoid the significant environmental effect as identified in the EIR. to a level ofinsignitirance. Explanation: The land use compatibility impacts would result from the location of different land uses adjacent to one another. These land use compatibility impacts are in the form of visual quality, noise and agricultural operations. hnplementation of mitigation measures discussed under Agricultural Resources, Noise, and Landform Alteration! Aesthetics would reduce the land use compatibility impacts. 17 nit r;-1 I I I. Mitigation Measures: Mitigation for the land use compatibility impacts are identified under Agricultural Resources (mitigation measure 4.2-1), Noise (mitigation measures 4.4-1 and 4.4-2) and Landform Alteration! Aesthetics (mitigation measures 4.6-1 and 4.6-2). As discussed below under each of these environmental issues, the mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.2, page 7; Subchapter 4.4, page 12; Subchapter 4.6, pages 32-33). Significance After Mitigation: hnplementation of the mitigation measures identified above would reduce the significant land use compatibility impacts to below significance. Impact: hnplementation of the Village 7 SPA Plan, in conjunction with buildout of the remammg portions of Village 7, Otay Ranch, and other nearby projects, will contribute to the conversion of over 30,000 acres of undeveloped land to urban uses. The overall loss of agricultural land and change in the character and use of the site rrom rural agricultural to urban would have a significant cumulative land use impact (EIR, Subchapter 5.0, page 5.4), as identified in the GDP Program EIR (90-01). Finding: There is no feasible mitigation available for this impact. Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identitìed in the Final EIR. Explanation: The Village 7 SPA Plan would result in the conversion of undeveloped land to urban uses. This impact is identical to that assessed in the Otay Ranch GDP Program EIR (90-01). In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that there are no feasible measures that would mitigate the impact to below significance and a Statement of Overriding Considerations was adopted. The Village 7 SPA Plan would not result in any new significant adverse impacts to land use, or an intensification. of such impacts, that were not analyzed in Program EIR 90-01. This unavoidable effect is acceptable when balanced against the 181 A . ''I 0 specific overriding economic, legal, social, technological and other considerations describe in the Statement of Overriding Considerations, Section XII, below. Mitigation Measures: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact of the conversion of land to urban uses to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to the loss of undeveloped land will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to land use that was identified and assessed in the Program EIR 90-0 I, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. B. AGRICULTURAL RESOURCES Standards of Significance: The proposed project would have a significant impact on agricultural resources if it: · Converts Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency, to nonagricultural use. · Conflicts with existing zoning for agricultural use or a Williamson Act contract. · Involves other changes in the existing enVlfonment that, due to their location or nature, could result in conversion of farmland to nonagricultural use. Impact: Short-term land use incompatibility due to noise, odors, insects, rodents, and chemicals at the interface between on-going agricultural operations and urban development will result in potentially significant direct impacts. 19 r¡fI-· // Finding: Pursuant to section 15091 (a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Historically, the Village 7 SPA Plan area has been used for dry farming and sheep and cattle grazing. Crop production was limited to hay and grains due to limited water availability. Dry farming and cattle grazing activities continue as active uses on-site. There is no land currently subject to the Williamson Act on the Village 7 SPA Plan property. Development of the Village 7 SPA Plan would temporarily introduce urban uses, residents, and school children adjacent to agricultural uses until Village 7 is built out. Mitigation Measures: The following mitigation measure has been identified to reduce potentially significant, short- term direct impacts between on-going agricultural uses and urban uses. The mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.2, page 7). 4.2-1 The agricultural plan included in the Village 7 SPA Plan shall be implemented for the area as development proceeds on the project. The following measures shall be implemented by the developer to the satisfaction of the Director of Planning and Building: 1) A 200-foot buffer between developed property and on-gomg agriculture operations; 2) Vegetation to shield ddjacèli'. urban development (within 400 feet) rrom agriculture activities where pesticide~ are to be applied; 3) Notification of adjacent property OWIiero "fpotential pesticide application through newspaper advertisements; and 4) Fencing, where necessary, to ensure the safety of Village 7 SPA Plan residents. Significance After Mitigation: With implementation of mitigation measure 4.2-1, direct impacts associated with on-gomg agricultural uses will be less than significant. ~A ~ ~d- 20 Impact: The conversion of 288.5 acres of agricultural land to urban uses will contribute to a significant cumulative impact due to the incremental and irreversible loss or impairment of limited agricultural resources. The Program EIR (90-01) found the conversion of prime farmland and elimination of crop production to be a significant and unmitigable impact. Finding: There is no feasible mitigation available for this impact. Pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make this alternative infeasible. Explanation: The Village 7 SPA Plan would result in the conversion of agricultural land to urban uses. The cumulative commitment of agricultural land to urban uses will be irreversible. In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that there are no feasible measures that would mitigate the impact below a level of significant, and a Statement of Overriding Considerations was adopted. This impact is identical to that assessed in the Otay Ranch GDP Program EIR (90-01). The Village 7 SPA Plan would not result in any new significant adverse impacts to agricultural resources, or an intensification of such impacts, that were not analyzed in Program EIR 90-01. This unavoidable effect is acceptable when balanced against the specific overriding economic, legal, social, technological and other considerations describe in the Statement of Overriding Considerations, Section XII, below. Mitigation Measures: The City Council found in adopting th" finJmgs to approve the Otay Ranch GDP that there are no feasible measures that would mitigatt. the impact of the conversion of agricultural land to urban uses to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to the loss of agricultural lands will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to agricultural resources that was identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. 21 rIA - '63 C. TRAFFIC, CIRCULATION, AND ACCESS Standards of Significance: The criteria utilized to determine if a traffic impact at an intersection, street segment, or rreeway is considered significant is based on City of Chula Vista standards. Both project specific and cumulative project impacts can be significant impacts. Additionally, the criteria differs depending on whether the timing of impacts are near-term or long-term. These criteria are outlined below. NEAR. TERM (STUDY HORIZON YEAR. 0 TO 4) Intersections A direct project impact to an intersection would occur if both ofthe following criteria are met: 1. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume. A cumulative impact to an intersection would occur if only Criteria # 1 is met. Street Segments If Average Daily Trips (ADT) methodology indicates LOS C or better for a street segment, an impact is not significant; if ADT methodology indicates LOS D, E or F for a street segment, the Growth Management Oversight Committee (GMOC) method should be utilized, which uses the following criteria: A direct project impact would occur to a street segment if all of the following criteria are met: 1. Level of service is LOS D for more than two hours if LOS Elf for one hour based on GMOC criteria; 2. Project trips comprise five percent or more of segment volume; and 3. Project adds greater than 800 ADT to segment. A cumulative impact to a street segment would occur only if Criteria #1 is met. 22 /} A- ~ ¥ - LONG TERM (STUDY HORIZON YEAR 5 AND LATER) Intersections A direct project impact to an intersection would occur ifboth of the following criteria are met: 1. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume. A cumulative impact to an intersection would occur only if Criteria #1 is met. Street Segments Using the ADT methodology, an impact is considered significant if the following criteria are met: A direct project impact to a street segment would occur if all three of the following criteria are met: 1. Level of service is LOS D, LOS E, or LOS F; 2. Project trips comprise five percent or more of total segment volume; and 3. Project adds greater than 800 ADT to segment. A cumulative impact to a street segment would occur only if Criteria #1 is met. However, if the intersections along a LOS D or LOS E operating segment all operate at LOS D or better, the segment impact is considered not significant since intersection analysis is more indicative of actual roadway system operations than street segment analysis. If the segment LOS is LOS F, the impact is significant regardless ofthe intersection LOS. The impact is direct if the project is responsible for over five percent and cumulative ifless than five percent. If it is determined that a direct project impact would occur at Study Horizon Year 10 or later, and is offsite and not adjacent to the project, the impact is considered cumulative. In the event a direct identified project specific impact occurs at Study Horizon Year 5 or earlier and the impact is offsite and not adjacent to this project, but the property immediately adjacent to the identified project specific impact is also proposed to be developed in approximately the same time rrame, an additional analysis may be required to determine whether or not the identified 23 rJA- 65 project specific impact would still occur if the development of the adjacent property does not take place. If the additional analysis concludes that the identified project specific impact is no longer a direct impact, then the impact shall be considered cumulative. Impact: The project will result in a significant direct impact, under Scenarios 9 and 10, to the Rock Mountain Road/La Media Road intersection and to Rock Mountain Road from La Media Road to SR 125 roadway segment. Finding: Pursuant to section 15091(a){I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant direct effects as identified in the EIR to a level of insignificance. Explanation: hnplementation of the Village 7 SPA Plan would introduce new sources of traffic to the project site. Project-related traffic rrom development under Scenarios 9 and 10 will directly impact the Rock Mountain Road/La Media Road intersection, resulting in a LOS E in the AM peak hour and LOS F in the PM peak hour. Additionally, the segment of Rock Mountain Road rrom La Media Road to SR 125 would operate at a LOS F. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.3, page 4.3-31). 4.3-1: Prior to 2030, assuming the scenarios of 9 or 10, the applicant shall pay a fair share toward the cvüstructiolof tbe six-lane Prime Arterial segment of Rock Mountain Road between La Media and SR 125 with the appropriate intersection geometry, or shall construct the road segment. Significance After Mitigation: With implementation of mitigation measure 4.3-1, significant direct traffic impacts will be less than significant. 24 , é)' 1ft ..- rP Impact: Cumulative impacts associated with the proposed project will occur under Scenarios 1,3,4,5,6, 8,9, and 10 at the following intersections and/or roadway segments: · Scenario 1 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road fÌom La Media Road to SR 125. · Scenario 3 - Rock Mountain Road rrom SR 125 to Eastlake Parkway. · Scenario 4 - Rock Mountain Road rrom SR 125 to Eastlake Parkway. · Scenario 5 - Rock Mountain Road from SR 125 to Eastlake Parkway. · Scenario 6 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road fÌom La Media Road to SR 125. · Scenario 8 - Rock Mountain Road rrom Main Street to La Media Road, rrom La Media Road to SR 125, fÌom SR 125 to Eastlake Parkway, and rrom SR 125 and Eastlake Parkway. · Scenario 9 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road rrom Main Street to La Media Road, and rrom SR 125 to Eastlake Parkway. · Scenario 10 - Rock Mountain Road fÌom SR 125 to Eastlake Parkway. Finding: Pursuart to section 1509l(a)(') of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project ¡b't will substantially lessen or avoid the significant cumulative effect as identified in the EIR to a level of insignificance. Explanation: Traffic rrom development under scenarios 1,3,4,5,6,8,9, and 10 will contribute to cumulative traffic impacts. The intersections of Telegraph Canyon Road/I-805 southbound ramps and Rock Mountain Road/La Media would operate at unacceptable levels of service (LOS E or F). 25 r¡ It .~,;,¡ (7 Additionally, the project would contribute incrementally to cumulative roadway segment impacts along Telegraph Canyon Road rrom I-805 to Oleander Avenue, and along Rock Mountain Road from Main Street to SR 125 and rrom SR 125 to Eastlake Parkway at the Rock Mountain Road/La Media Road intersection and along Rock Mountain Road rrom La Media Road to Eastlake Parkway. Mitigation Measures: The following mitigation measures are feasible and are required as conditions of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.3, page 4.3-32). 4.3-2: No units within Village 7 shall be constructed which would result in the total number of units within the Eastern Territories (starting on January 1, 2003), exceeding 8,990 units, prior to the construction of SR 125 between SR 54 and the International border. 4.3-3: Assuming the scenario of 3, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a six-lane Major Street. 4.3-4: Assuming the scenarios of 4, and 5, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a seven-lane Major Street. 4.3-5: Assuming the scenario of 8, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a four-lane Major Street rrom Main Street to La Media Road, a six-lane Major Street rrom La Media Road to SR 125, and a six-lane Prime Arterial rrom SR 125 to Eastlake Parkway. 4.3-6: Assuming the scenarIO of 9, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a six-lane PriIC¡~ Arterial with the appropriate intersection geometry at the intersection of Rock Mountain Road/La Media Road, a six-lane Major Street from Main Street to La Media Road, and an eight-lane Prime Arterial rrom SR 125 to Eastlake Parkway. 4.3-7: Assuming the scenario of 10, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for an eight- lane Prime Arterial fÌom SR 125 to Eastlake Parkway. 26 f' , /11~ Significance After Mitigation: With implementation of mitigation measures 4.3-2 through 4.3-7, cumulative traffic impacts will be reduced to below significance. D. NOISE Standards of Significance: The proposed project would have a significant noise impact if the project would: · Result in exterior noise levels that exceed 65 CNEL in residential areas and outdoor recreational areas; · Result in interior noise levels that exceed 45 dB CNEL for single-family and multi- family residential homes; · Result in noise levels that violate the City's Noise Ordinance (Chapter 19.68 of the Municipal Zoning Code); · Create a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project; or · Generate a one-hour average noise level (Leq) in excess of 60 dBA at the adjacent wildlife habitat during a nesting season. Impact: Noise frrT:". tn'fic along Birch Road, future La Media Road, and future SR 125 will result in potentially signjfic~nt direct impacts at adjacent residences within the Village 7 SPA Plan project. Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. 27 I J ¡,ç:'J '/ /1.... 0 Explanation: hnplementation of the project will introduce a permanent source of traffic noise to the area. Noise rrom traffic along Birch Road, La Media Road, and SR 125 will be significant on the proposed residential uses adj acent to these roadways, Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.4, pages 4.4-12). 4.4-1 Noise walls shall be secured to the satisfaction of the City Engineer and Environmental Review Coordinator for residential units located along Birch Road and La Media Road prior to receiving a grading permit, and constructed prior to occupancy of 1 st unit. An acoustical study confirming wall geometrics and conformance with the City's noise threshold is required prior to finalization of site and grading plans. Based on preliminary design and assumptions, the following wall heights would be required to meet City standards: Birch Road La Media Road 7 feet 6 feèt 4.4-2 1. Noise barriers, varying between three to 14 feet in height, shall be constructed along the top of the pad slopes or near the edge of SR 125, as shown in Figure 4.4-2, Proposed Noise Barriers along SR 125. The barriers shall be either walls, berms, or a combination thereof, and constructed of solid material with a density of at least four pounds per square foot and without any cracks or gaps. The City limits the height of noise walls to eight and a half feet. Therefore, where noise barriers in excess of eight and a half feet are required, the barrier shall be constructed of a combiDHtjnn of noise wall and berm, with the wall portion not exceeding eight and a hall feet. 2. For the multi-family development area adjacent to SR 125, only enclosed balconies shall be constructed on the first row of buildings that face SR 125. Open balconies may be permitted for the remaining buildings with approval of an acoustical analysis. An acoustical analysis shall be conducted for the buildings adjacent to SR 125 concurrent with the submittal of construction drawings and shall be approved by the Director of Planning and Building and Environmental Review Coordinator prior to 28 ? It - ~ì 0 approval of building permits. The acoustical analysis shall demonstrate that second- and third-floor interior noise levels due to exterior noise sources would be below the 45 CNEL standard. 3. For the single-family development area adjacent to SR 125, an acoustical study shall be conducted concurrent with the submittal of construction drawings and shall be approved by the Director of Planning and Building and Environmental Review Coordinator prior to approval of building permits. The noise study shall demonstrate that second-floor interior noise levels due to exterior noise sources would be below the 45 CNEL standard. 4. For multi-family areas where second- and third-floor exterior noise levels are projected to exceed 60 CNEL, the affected units shall include a ventilation or air conditioning system to ensure that interior noise levels meet the interior standard of 45 CNEL. Significance After Mitigation: With implementation of mitigation measures 4.4-1 and 4.4-2, nOIse impacts will not be significant. E. AIR QUALITY Standards of Significance: A significant air impact is identified if the project would: · Conflict with or obstruct implementation of the applicable air quality plan; · Violate any air quality standard or contribute substantially to an existing or projectea aII quality violation; · Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard; · Expose sensitive receptors to substantial pollutant concentrations; or, · Create objectionable odors affecting a substantial number of people. 29 1 A - (11 Impact: Development of the Village 7 SPA Plan project area will result in short-term cumulative air quality impacts associated with construction activities. Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant temporary air quality effect to a level of insignificance. Explanation: hnplementation of the Village 7 SPA Plan will introduce new sources of air emissions to the San Diego Air Basin, which is a non-attainment area. Development of the project will result in a short-term cumulative air quality impact ITom dust generated during construction activities, fumes, and equipment exhaust. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.5, page 16). 4.5-1: The following measures shall be specified as notes on the project grading plans, and shall be implemented as practical to minimize construction emissions: · Minimize simultaneous operation of multiple construction equipment units. · Use low pollutant-emitting construction equipment, as practical · Use electrical construction equipment as practical. · Use catalytic reduction for gasoline-powered equipment. · <J^e injection timing retard for diesel-powered equipment. · Water the construction area at least twice daily to minimize fugitive dust. · Stabilize graded areas as quickly as possible to minimize fugitive dust. · Pave permanent roads as quickly as possible to minimize dust. · Use electricity rrom power poles instead of temporary generators during building, as feasible. · Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. 30 711 ~_. } ,"9- · Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. · Remove any visible track-out into traveled public streets within 30 minutes of occurrence. · Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. · Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. · Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blowoff during hauling. · Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. Significance After Mitigation: Construction related cumulative air quality impacts will be less than significant. Impacts: The proposed project will result in temporary and long-term air quality impacts associated with construction and operation of the proposed project. Once the proposed project is built out, the major source of air pollution will be from project-related traffic. These emissions would exceed the thresholds for ROG, Nox, CO and PMIO resulting in significant cumulative air quality impacts. The San Diego Air Basin is a non-attainment area; therefore, any emissions will result in a significant impact. . Finding: With implementation of all feasible mitigation identified above, project-related traffic emissions will still exceed the identified significance threshold ROG, NOx, CO, and PMIO in Year 2005. fhere is no feasible mitigation available for this impact. Pursuant to section 15091 (a)(3) of lhe CEQA Guidelines, specific economic, legal, social, technological, or other consideratIOns make this alternative infeasible. Explanation: hnplementation of the Village 7 SPA Plan will introduce new sources of air emissions to the San Diego Air Basin, which is a non-attainment area. Development of the project will contribute to cumulatively significant emissions resulting rrom the introduction of human activity and vehicles to the area that exceed SCAQMD thresholds. 31 1lA-"/3 Mitigation Measures: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the significant air quality impact to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to air quality will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to air quality that was identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. F. LANDFORM AL TERA TION/ AESTHETICS Standards of Significance: A significant landform alteration/visual quality impact is identified if the project could: · Have a substantial adverse effect on a scenic vista. . Substantially damage scenic resources, including but not limited to trees, rock, outcroppings, or historic buildings within view of a state scenic highway. · Substantially degrade the existing visual character or quality of the site and its surroundings. . Create a new source of substantial light or glare that would adversely 'ffect daytime or nighttime views in the area. Impact: The proposed project would develop residential areas adjacent to the existing FAA VORTAC facility. Views of the VORTAC rrom residential areas would be temporarily adverse. 32 '71t., '.~ ..' i i ;,oj l I Finding: Pursuant to section l5091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a less than significant level. Explanation: The project proposes residential development adjacent to the FAA VORTAC Facility, which has a centrally-located navigational beacon and is surrounded by chain-linked fence. No landscaping is found at the FAA site. Until development of the VORTAC facility occurs, visual impacts will occur related to the view of the facility. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.6, pages 32). 4.6-1 Perimeter landscaping, in accordance with the Landscape Master Plan, within the McMillin Otay Ranch, LLC and Otay Project LP ownerships shall occur with each phase of development adjacent to the FAA property to minimize views of the FAA VORT AC facility. Significauce After Mitigation: hnplementation of mitigation measure 4.6-1 will reduce visual impacts to below significance. Impact: Uses proposed by the Village 7 SPA Plan will result in an increase in nighttime lighting and glare. Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a less than significant level. 33 ?A' ) l 'f,..,." Explanation: Light and glare impacts will increase with the development of the site. Residential, schools, and park uses will introduce nighttime lighting, and there will be a significant increase in nighttime illumination from the project site. Additionally, vehicular traffic associated with residents and visitors to the site would include the use of headlights during the evening and nighttime hours. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.6, page 32). 4.6-2 Lighting for community facilities, recreation areas, and sports fields shall be approved by the Director of General Services and Environmental Review Coordinator prior to approval of a final site plan for the park. Shielded, uni-directionallighting shall be used. Additionally, lighting at these facilities to be shut off between 11 pm and 7 am. Significance After Mitigation: hnplementation of mitigation measure 4.6-2 will reduce impacts to below significance. Impact: hnplementation of the TMs would result in a temporary significant visual impacts associated with the grading of the elementary school site and off site borrow area. Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations ~re required in, or incorporated into, the project that will substantially lessen or avcid [he <ignificant effect as identified in the EIR to a less than significant level. Explanation: Grading would permanently alter eXlstmg landform. Grading would be required of the elementary school site and the offsite borrow area. However, development of these areas is not proposed at this time. 34 ?A- ¡ " '-/' Mitigation Measures: In addition to the above measures, the following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.6, page 32-33). 4.6-3 The perimeter slopes and street parkways surrounding the elementary school site shall be landscaped as an interim measure until the future development of the elementary school occurs. 4.6-4 The perimeter of the off-site borrow area shall be landscaped as an interim measure until the future development of the borrow area occurs. Impact: The proposed project will result in cumulatively significant and unmitigable landform alteration and aesthetics impacts related to: (i) an unavoidable change in the overall visual character of the project area; (ii) an unavoidable impact to landforms; and (iii) an unavoidable impact related to development in highly visible areas. These impacts are identical to the significant and unmitigable landform alteration and aesthetics impacts that were identified and assessed in Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. Finding: There is no feasible mitigation available for this impact. Pursuant to section 15091 (a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Explanation: The project would develop an undeveloped site used for agricultural purposes with urban uses. hnplementation of the project will result in an overall change in topography and landscape, and the conversion of the site rrom predominantly agricultural to urban uses. These impacts are considered direct and cumulative significant impacts and are identical to those assessed in the GDP Program EIR (90-01). The proposed project would not result in any new landform alteration and aesthetics impacts or on intensification of such impacts that were not analyzed in Program EIR (90-01). 35 1 í1~'" 17 Mitigation Measures: No mitigation is available to lessen or avoid this impact. Significance After Mitigation: Cumulative impacts to aesthetics and landform will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to land use that was identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. G. HYDROLOGYIDRAINAGEIW ATER QUALITY Standards of Significance: A significant impact on hydrology, drainage, or water quality if the project would: · Violate any water quality standards or waste discharge requirements; · Substantially impact groundwater; · Substantially alter the existing drainage pattern of the site or area; · Result in runoff that exceeds the capacity of existing or planned stormwater drainage systems; . Provide substantial additional sources of polluted runoff; or . Expose people or structures to flooding or inundatior; by séçbe, tsunami, or mudflow. Impact: The proposed project will introduce impervious surfaces and alter the existing runoff pattern at the project site, resulting in direct impacts to hydrology, drainage, and water quality. 36 r; A - c:¡~ Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR. Explanation: Development of the Village 7 SPA Plan will introduce landscaping, impervious surfaces, and new surface activities to undeveloped land. This will result in significant direct impacts to water quality because surface water runoff will be increased due to the impervious surfaces, and the peak runoff of the project site will be affected. Additionally, new pollutant sources will be introduced, such as automobiles and household products, and there will be a greater chance for runoff to pick up surface pollutants and deposit them into local water resources. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.7, pages 11-12). 4.7-1 Prior to issuance of each grading permit, a detailed drainage system design study shall be prepared in accordance with the City of Chula Vista's standards and shall be approved by the City Engineer. 4.7-2 Prior to issuance of each grading permit, the project applicant shall submit an Nor and obtain an NPDES Permit for Construction Activity from SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. Each applicant wanting to develop within the Village 7 SPA Plan proiect is required under the SWRCB General Construction Permit to develop a SWPPP describing BMPs to be used during and after construction to prevent the discharge of sediment and other pollutants in storm water runoff rrom the project. The SWPPP shall also inc!'Jd", a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. 4.7-3 Permanent treatment control BMPs shall be included as part of the project in accordance with Section 2c of the City of Chula Vista SUSMP, the Preliminary Water Quality Technical Report for Otay Ranch Village 7 (Rick Engineering Company, May 24, 2004) and the Preliminary Water Quality Technical Report (Hunsaker & Associates, May 21, 2004). 37 ìÎ A c_ e;1 4.7-4 Prior to construction, a maintenance plan for temporary erosion control facilities shall be established by the applicant to the satisfaction of the City Engineer. The applicant shall be responsible for implementing, monitoring, and maintaining the required BMPs to ensure that the measures are working properly, until the construction area has been permanently stabilized. This will typically involve inspection, cleaning, repair operations being conducted after runoff-producing rainfall. 4.7-5 After construction, energy dissipating structures (e.g. detention ponds, riprap, or drop structures) as deemed necessary by a hydrologic or engineering consultants shall be used at storm drain outlets, drainage crossings, and/or downstream of all culverts, pipe outlets, and brow ditches to reduce velocity and prevent erosion. Significance After Mitigation: Implementation of mitigation measures 4.7-1 through 4.7-5 will reduce impacts to below significance. Impact: The project, in conjunction with the development of other projects in the Eastern Territories, will increase the amount of impervious surfaces, decrease ground water replenishment, aggravate existing downstream drainage and flooding problems, and contribute to cumulatively significant water quality degradation downstream and in local water resources. Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantiallv Jessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: The project will be developed in accordance with the regulations of the RWQCB, and engineering and design features will be required to ensure water quality is maintained. Other projects in the vicinity will be similarly required to adhere to NPDES and RWQCB requirements, which are directed at reducing the amount of urban pollutants entering natural water courses and sensitive coastal resources. 38 f7" A. " .'" Vi ,.,~,¡/~,~ 1-' Mitigation Measure: Mitigation measures 4.7-1 through 4.7-5 listed above are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.7, pages 11-12). Significance After Mitigation: hnplementation of mitigation measures 4.7-1 through 4.7-5 will reduce cumulative impacts to water quality and hydrology to below significance. H. GEOLOGY AND SOILS Standards of Significance: The project could have a significant effect on geology and soils ifit would: · Expose people or structures to potential substantial adverse effects involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides; · Result in substantial soil erosion or the loss of topsoil; or · Be located on expansive soils or on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. Impact: The presence of compressible and expansive sails and the potential for settlement and landslides to occur at the project site is considered a potentially significant direct impact. Finding: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. 39 ì'7 A -- /0 I Explanation: Expansive soils, which include alluvium, colluvium, and claystone occur throughout the project site. Expansive soils may adversely impact structural slabs and foundations and roadways due to their swelling characteristics. The adverse effects of slope creep, landslides or lateral fill extension may also occur with expansive soil fills and cuts. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.8, page 15). 4.8-1 Prior to the issuance of each grading permit, the applicant shall verify that the applicable recommendations of the geotechnical report titled Geotechnical Investigation McMillin Otay Ranch, Village 7, prepared by Geotechnics Incorporated, dated January 23, 2004, for the eastern portion of the Village 7 SPA Plan project site have been incorporated into the project design and construction documents to the satisfaction of the City Engineer of _ the City of Chula Vista. 4.8-2 Prior to the issuance of each grading permit, the applicant shall verify that the applicable recommendations of the geotechnical report titled Otay Ranch Village 7, R-2 and Village 4 Community Park Chula Vista, California dated May 5, 2004 prepared by Geocon Incorporated, for the western portion of the Village 7 SPA Plan project site have been incorporated into the project design and construction documents to the satisfaction of the City Engineer of the City of Chula Vista. Significance After Mitigation: hnplementation of mitigation measures 4.8-1 and 4.8-2 will reduce impacts to below significance. I. CULTURAL RESOURCES Standards of Significance: A project could have a significant effect on cultural resources if it would: . Cause a substantial adverse change in the significance of a historical resource defined in § 15064.5; 40 f7 it- '.'" ,r.",\ if' A-" I L) (l . Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5; or, . Disturb any human remains, including those interred outside of formal cemeteries. Impact: Grading and excavation activities associated with construction of the roadways off-site could result in significant direct impacts to unknown subsurface archaeological materials. Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: There are no known significant archaeological sites within the proposed project site. However, the proposed project could result in significant impacts to unknown subsurface archaeological materials that may be encountered during grading and excavation activities associated with the proposed project. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.9, page 4.9-6). 4.9-1 A qualified archaeological monitor shall be on-site during initial grading of the site. If historic archaeological material is encountered during grading, all grading in the vicinity as determined and defined by the archaeologist shall stop and its importance shall be evaluated, and suitable mitigation measures shall be developed and implemented, if necessary. Cultural material collected shall be permanently curated at an appropriate repository, such as the San Diego Archaeological Center. Significance After Mitigation: Implementation of mitigation measure 4.9-1 will reduce impacts to below significance. .." 41 ìj;1' i;;:ð J. PALEONTOLOGICAL RESOURCES Standards of Significance: The proposed project could have a significant effect on paleontological resources, ifit would: · Directly or indirectly destroy a unique paleontological resource or site or umque geological feature. Impact: Grading associated with development of the site could directly impact unknown paleontological resources in the upper sandstone, the lower gritstone, and the fanglomerate portions of the Otay formation. Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: The project site is underlain by the Otay Formation, which is characterized by an upper portion with high paleontological resource sensitivity and a lower portion with moderate resource sensitivity. hnpacts to paleontological resources occur when earthwork activities cut into geological formations that are fossil bearing and destroy the buried fossil remains. Areas of the Otay Formation, which are known to be fossil-bearing, may be exposed during grading and construction activities and could impact unknown paleontological resources. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.10, pages 4-5). 4.1 0-1 Prior to issuance of anyon-site ( or off-site) grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. The paleontologist shall attend pre grade meetings to 42 17 Ar //) 'l ~. consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) 4.1 0-2 A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geological formations(Otay Formation) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall periodically (every several weeks) inspect original cuts in deposits with an unknown resources sensitivity. (A qualified paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials). 4.10-3 If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor), shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Where deemed appropriate by the paleontologist (or paleontological monitor). A screen-washing operation for small fossil remains shall be set up. 4.10-4 Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited (with the applicant's permission) in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance or recovered fossils. Significance After Mitigation: hnplementation of mitigation measures 4.10-1 through 4.10-4 will reduce impacts to below significance. Impact: The GDP Program EIR (90-01) identified the potential for disturbance of significant paleontological resources as a cumulatively significant impact. Grading activities associated with development of the site in combination with buildout of the Otay Ranch GDP area could impact buried paleontological resources in the Otay Formation. Therefore, the project would contribute to cumulatively significant paleontological impacts. 43 1 Ii,' '.!b'" .""-'1 ~! Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: Cumulatively significant impacts to paleontological resources resulting rrom the continued development of the area were identified in the Otay Ranch GDP Program EIR, and a Statement of Overriding Considerations was adopted. The GDP Program EIR identified mitigation measures for potential impacts to paleontological resources, which the project will comply with. Mitigation Measures: Mitigation measures 4.10-1 through 4.10-4 listed above are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.10, pages 4-5): Significance After Mitigation: hnplementation of mitigation measures 4.10-1 through 4.10-4 will reduce impacts to below significance. K. BIOLOGICAL RESOURCES Standards of Significance: A significant biological impact would occur if the project would: · Affect sensitive ')r species of special concern or their habitats, sensItIve natural communities, or federally protected wetlands, or interfere with the movement of wildlife species within wildlife corridors or nursery sites; or · Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 44 (ij\ ! 'Jf lOb , . Impact: The proposed Village 7 SPA and TMs will have direct significant impacts to sensitive habitat, including 1.2 acres of revegetated MSS, 0.10 acres of coastal sage scrub habitat, and 0.3 acres of disturbed coastal sage scrub, and .34 non-wetland Waters of the U.S. that occur on the project site. Even though the proposed project is not anticipated to result in significant impacts to burrowing owls, the potential exists for owls to have relocated to the site since the last focused surveys of the site. Findings: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Sensitive habitat, including revegetated MSS, coastal sage scrub, and non-wetland Waters of the U.S., is found within the project site and would be impacted by development of the project. Focused surveys for burrowing owls were conducted and no burrowing owls were found. However, the potential exists for the relocation of burrowing owls to the site since the time ofthe focused surveys. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.11, pages 25-26). 4.11-1 Prior to recordation of each final map, the developer shall either convey land within the Otay Ranch Open Space Preserve at a ratio of 1.188 acres for each acre of development area, or pay a fee inlie1.1. 4.11-2 Focused surveys for burrowing owl shaH be conducted no earlier than 1 month prior to grading. If occupied burrows are detected, a mitigation plan shall be prepared and approved by the Director of Building and Planning and Envirorunental Review Coordinator and relocation of the species shall be conducted to avoid impacts from grading. 45 ? PI" í {)'7 4.11-3 Prior to issuance of a grading permit that impacts jurisdictional waters or wetlands, the developer shall prepare a Wetlands Restoration Plan to the satisfaction of the Resource Agencies and Director of Planning and Building to mitigate for indirect and permanent impacts to 0.14 acre of wetlands. The Plan shall include, but not be limited to, an implementation plan, maintenance and monitoring program, estimated completion time, and any relevant contingency measures. Jurisdictional waters or wetlands shall be delineated on all grading plans. 4.11-4 Prior to issuance of a grading permit that impacts jurisdictional waters or wetlands, the developer shall prepare a Wetlands Restoration Plan to the satisfaction of the Resource Agencies and Director of Planning and Building to mitigate for indirect and permanent impacts to 0.2 acre of wetlands. The Plan shall include, but not be limited to, an implementation plan, maintenance and monitoring program, estimated completion time, and any relevant contingency measures. Jurisdictional waters or wetlands shall be delineated on all grading plans. 4.11-5 The developer shall prepare a restoration plan to restore 0.40 acres of Coastal sage scrub habitat (CSS) pursuant to the Otay Ranch RMP restoration requirements. The CSS . restoration plan shall be approved by the Department of Planning and Building prior to issuance of the grading permit and shall include an implementation plan, maintenance and monitoring program, estimated completion time and any relevant contingency measures. Alternatively, no restoration will be required if impacts to CSS are entirely avoided. 4.11-5 Prior to issuance of grading permit, the developer shall prepare a plan to the satisfaction of the Director of Planning and Building to reduce indirect impacts to the Preserve adjacent to the borrow site. The plan shall address adjacency provisions of the MSCP and RMP, including but not limited to, buffering techniques, control of invasives, access restrictions. water qualIty and noise reduction. Significance AH~j' ~¡fitigation: With implementation of mitigation measures 4.11-1 through 4.11-5, direct impacts to biological resources will not be significant. 46 r¡ f¡ ~ I V ¡ Impact: Development of the project site will contribute to the cumulative loss of raptor foraging habitat. The loss of raptor foraging habitat was also identified as a significant impact in the GDP Program EIR (90-01). Finding: There is no feasible mitigation available for this impact. Pursuant to section l5091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Explanation: hnplementation of the proposed Village 7 SPA Plan would eliminate 288.5 acres of undeveloped land used for foraging by raptors. The GDP Program EIR (90-01) identified the loss of raptor foraging habitat as a significant impact. The Village 7 SPA Plan and TMs, as an implementation activity of the GDP, will contribute to this significant impact. Mitigation Measures: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact of the loss of foraging habitat to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to the Joss of foraging habitat will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to foraging habitat that was identified òiüd assessed III the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. 47 '7A J Of,.,1r I 1.. UTILITIES AND PUBLIC SERVICES SEWER SERVICE Standards of Significance The proposed proj ect would have a significant impact on sewer service if it would: · Exceed wastewater treatment requirements of the San Diego Regional Water Control Board; . Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; . Require sewer service where additional sewage treatment capacity is not presently available; or · Result in the deterioration of the quality of service provided to the area. Additionally, the City's Threshold Standards Policy require the following: 1. Sewage flows and volumes shall not exceed City Engineering Standards as set forth in the Subdivision Manual adopted by City Council Resolution Number 11175 on February 12, 1983, as may be amended rrom time to time. 2. The City shall annually provide the San Diego Metropolitan Sewer Authority with a 12 to 18 month development forecast and request confirmation that the proj ection is within the City's purchased capacity rights and an evaluation of their ability to accommodate the f0'eCitst and continuing growth, or the City Engineering Department staff shall gather the necessary datq, Impact: A significant direct impact to sewer service will occur if sewer facilities to serve the project site are not constructed at the time the project is ready to develop. 48 7 fJ" / / Ù Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR to a level of insignificance. Explanation: The project site is currently undeveloped and not served by a sewer system. Development of the Village 7 SPA Plan will generate a total of 371,292 gpd of wastewater, which will result in significant impacts to the existing sewer system. No sewer facilities currently serve the project site; therefore, sewer facilities will need to be constructed to accommodate sewer flows from the proposed project. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.12a, page 8): 4.12a-l: Prior to the recordation of any final map, the City Engineer shall be satisfied that the connections to the Salt Creek Interceptor via the Rock Mountain Road Trunk Sewer have been constructed or that the Poggi Canyon Trunk Sewer has calculations of existing and anticipated sewage flows have determined thresholds at which two capital improvement projects must be completed: 1) the increase of the size of the Poggi Canyon Trunk Sewer within Reach 205 when Poggi Basin EDU's exceed 1,635 and 2) the construction of the Rock Mountain Trunk Sewer connection to the Salt Creek Interceptor when Poggi Basin EDU's exceed 5,000. These thresholds represent additional cumulative flows to the Poggi Canyon Trunk Sewer in excess of currently entitled and reserved EDU's within the Pogbi Basiü. 4'2a-?: Sewer facility improvements shall be financed or installed on-and- off -site 111 accordance WIth the fees and phasing in the approved Public Facilities Financing Plan. Significance After Mitigation: hnplementation of mitigation measures 4.12a-l and 4.12a-2 will reduce impacts to below significance. 49 'lA" í/ WATER SERVICE Standards of Significance: The proposed project would have a significant impact on water service if it: · Cannot be served rrom existing entitlements and resources and would require the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; or · Disrupts water service or causes water purveyors to provide inadequate levels of service. In accordance with the City's Thresholds Standards Policy: 1. Developer will request and deliver to the City a service availability letter from the Water District for each proj ect. 2. The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water district with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: a. Water availability to the City and Planning Area, considering both short and long term perspectives. b. Amount of current capacity, including storage capacity, now used or committed. c. Ability of affected facilities to absorb forecast growth. d. Evaluation of funding and site availability for projected new facilities. e, Other relevant information the District( s) desire( s) to communicate the City and GMOC. Impact: A significant direct impact to water storage and pumping facilities will occur, if construction of facilities does not coincide with the development phasing of the proposed Village 7 SPA Plan. 50 r/ ff- / /;;;. ~ Finding: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, thè project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Development of the project site with urban uses would result in the need for water service to the site to serve its residents and employees. The project will place additional demands on water storage and pumping facilities to serve the increased population at the site. The impact to water storage and pumping facilities will be significant, if construction of facilities does not coincide with the development phasing of the proposed project. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.12b, page 18) for impacts associated water service. 4.12b-l: Prior to approval of the first final map, a final Subarea Water Master Plan (SAMP) shall be required for the project. The Master Plan shall include the design of water system inrrastructure including timing and cost of development and must be in compliance with the OWD Master Plan. Water facilities improvements shall be financed or installed on- and off-site in accordance with the SAMP. 4.l2b-2: Prior to the approval of the first final map for the project, the Developer shall secure and agree with the Otay Water District to construct all potable water facilities (on and off-site) required to serve the project. 4.12b-3: Prior to approval of the first final map for the project, the applicant shall pr0vide the City with a letter from the OWD stating that adequate storage capacity exists or would be available to serve the project. 4.12b-4: Water facility improvements shall be financed or installed on-and off-site in accordance with the fees and phasing in the approved Public Facilities Finance Plan (PFFP) for the Village 7 SPA Plan. 51 7 A .~ í ! 3 Significance After Mitigation: hnpacts associated with water service will not be significant. POLICE PROTECTION Standards of Significance: According to the City ofChula Vista's Quality of Life Threshold Standards, the proposed project would have direct adverse impacts on police protection if the proposed project would: . Result in the CVPD's inability to implement the following regulations: 1. Properly equipped staff and police units shall respond to 84 percent of "Priority One" emergency calls within seven minutes and maintain an average response time to all "Priority One" emergency calls of 4.5 minutes or less. 2. Response to 62 percent of "Priority Two Urgent" calls within seven minutes and maintain an average response time to all "Priority Two" calls of seven minutes or less. Impact: The Village 7 SPA Plan will result in the need for additional patrol officers to service the proposed land uses, which is considered a direct significant impact to law enforcement services. Finding: Pursuant to section lS091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid tb" significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Development of the project site would introduce urban uses to the area, which require the services of the CVPD. The developers of the Village 7 SPA Plan will be required to pay development fees, which will help to fund additional patrol officers in the area. 52 'I/¡ - //1 MitigatIon Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.12c, pages 12-21). 4,12c-l Prior to the approval of each building permit, the developer shall pay Public Facilities Development hnpact Fees (PFDIF). 4.12c-2 The City will monitor Police Department responses to emergency calls and report the results to the GMOC on an annual basis. Significance After Mitigation: hnpacts to police protection will not be significant. FIRE AND EMERGENCY MEDICAL SERVICE Standards of Significance: According to the City of Chula Vista's Quality of Life Threshold Standards, the proposed project would have direct adverse impacts on fire and emergency medical services if the proposed project would: . Not implement regulations set forth from the following criteria: 1. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven minutes in 85 percent of calls. lmpact: The Village 7 SPA Plan project will increase the demand for fire and emergency medical response services at the project site, resulting in a significant direct impact. Finding: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. 53 7 A .- ! I ::/ Explanation: Development of the project site would introduce urban uses to the area, which require fIre and emergency medical services. The developer will pay development fees for fire protection and emergency medical services to help finance the needed facilities and services Mitigation Measnres: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.12d, page 24). 4.12d-l Prior to approval of each building permit, the developer shall pay PFDIF. 4.12d-2 The City will monitor Fire Department responses to emergency fire and medical calls and report the results to the GMOC on an annual basis. 4.12d-3 A Fire Protection Plan (FPP) is required for this SPA as allowed by the California Fire Code 2001ed Article 86 - Fire Protection Plan Urban-Wildland Interface Area. The FPP will include a Brush Management Plan, this plan will be provided rrom an approved list of consultants. Ultimately, fuel modification requirements will be decided by the Chula Vista Fire Department upon the review of Brush Management Plan. This plan will include all slopes within the village. Significance After Mitigation: hnpacts to fire and medical emergency service will not be significant. SCHOOLS Standards of Significance: The project could have a significant adverse impact on the provision of public servIces and facilities, such as school services, if it would: . Result in a need for new or physically altered governmental facilities, the construction of which may cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. 54 ¡ 7 f¡ ¡' I (¡.".' 1\",' In accordance with the City's Threshold Policy: . The City shall annually provide the two local school districts with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The growth forecast and school district response letters shall be provided to the GMOC for inclusion in its review. Impact: The project would result in an incremental increase to school-aged children; however, the project would not result in significant impacts to school services. In accordance with State law, the project would be required to pay school fees. Finding: The project would not result in impacts to school servIces; however, school fees would be required in accordance with State law. Explanation: The proposed project will develop single-family and multi-family uses, which will generate elementary, middle, and high school-aged children. As a result, the project will result in an incremental increase in the demand for school services. Payment of fees is required in accordance with State law. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4. ,ie, page 32). 4.12e-l Prior to issuance of building permits, the project applicant shall pay school impact fees or enter into a mitigation agreement to help finance the needed facilities and services for the Chula Vista Elementary Unified School District to the satisfaction of the School District. 4.12e-2 Prior to issuance of building permits, the project applicant shall pay school impact fees or enter into a mitigation agreement to help finance the needed facilities and services for the Sweetwater Union High School District to the satisfaction of the School District. 55 ÎÎ 1 'j.' '1 1/11<-1 Significance After Mitigation: hnpacts to schools will not be significant. LIBRARY Standards of Significance: According to the City ofChula Vista's Quality of Life Threshold Standards, the proposed project would have direct adverse impacts on library services, if the proposed project would: · Result in less than the recommended ratio of 500 square feet of adequately equipped and staffed library facility per 1,000 population. Impact: The proposed project will result in an incremental increase in the demand for library services; however, this is not considered a significant impact. Finding: The project would not result in significant impacts to library services; however, the project is required to pay Public Facilities Development hnpact Fees. Explanation: The project will introduce 3,624 residents to the Eastern Territories area of Chula Vista. These residents will require 2,537 square feet of library space and increase demand library facilities, supplies, and services, which are currently not provided. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.l2f, page 35). 4.l2f-l Prior to approval of each building permit, Development hnpact Fees (PFDIF). the developer shall pay Public Facilities 56 7 fI- / />1 Significance After Mitigation: hnpacts to libraries will not be significant. M. PUBLIC HEALTH AND SAFETY Standards of Significance The proposed project would have a significant impact on public health and safety ifit would: · Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; · Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; · Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; · Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would create a significant hazard to the public or the environment; · hnpair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; · Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands; or · Be inconsistent with the Education Code or CCR Title 5 requirements for siting of future schools. Impact: The project will result in a direct impact to public health and safety due to ~"il contamination at the project site. Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR to a level of insignificance. 57 '-."A'·. ~ /i ...,. I . i.. A /i~'j Explanation: Implementation the proposed project will result in potential public health and safety impacts due to the presence of pesticide residue in on-site soils. Arsenic and OCP levels that exceed PRG designated by the United States Environmental Protection Agency were detected at the project site, which is considered a health risk. Development of the project will introduce residents to the project site, who could be affected by the contaminated soils. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.13, pages ll-12): 4.13-1: Prior to grading, the applicant of Grading Contractor shall enroll in the Voluntary Assistance Program operated by the county of San Diego DEH and obtain rrom DEH a Letter of Concurrence stating that onsite burial of contaminated soils during grading will not result in a public health risk, to the satisfaction of the District Director of Planning and Construction, the Environmental Review Coordinator, and City Engineer. Significance After Mitigation: Implementation of mitigation measure 4.13-1 will reduce impacts to below significance. N. PARKS, RECREATION, TRAILS, AND OPEN SPACE Standards of Significance The proposed proj ect would have a significant impact on park and recreation facilities if it would: . Increase the use of existing neighborhooð and regional parks or other recreational facilities such that substantial physical deterioration of the fa~ility would occur or be accelerated; or . Include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment. Additionally, the City of Chula Vista's Quality of Life Threshold Standards requires a standard of three acres of improved local parkland with appropriate facilities per 1,000 residents east of Interstate 805 (I-805). 58 "1ft ~ / ;;)0 Impact: The project will result in a demand for 11.5 acres of developed park land, which is considered a direct impact. Finding: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR to a level of insignificance. Explanation: hnplementation the proposed project will result the need for 11.5 acres of developed park land. As proposed, the project will provide a 7.6 acre park site, which is 3.9 acres less than the total required park land. Additionally, this park land will need to be developed. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.15, pages 8-9): 4.15-1 The developer of the Village 7 SPA Plan shall dedicate parkland, pay park development fees and/or pay park in-lieu fees to meet the total obligation of 11.5 acres in accordance with the PFFP. Significance After Mitigation: hnplementation of mitigation measure 4.15-1 will ,edu~e impacts to below significance. 59 "1'"""": 1\ ¡ íl1' - i I , x. CUMULATIVE SIGNIFICANT EFFECTS & MITIGA nON MEASURES Cumulative impacts are those which "are considered when viewed in connection with the effects of past projects, the effect of other current projects, and the effects of probable future projects" (Pub. Resources Code Section 21082.2 subd. (b». Several development proposals have been submitted for consideration or have been recently approved by the City of Chula in proximity of the project site for the Village 7 SPA Plan project. These "current or probable future" development proposals can affect many of the same natural resources and public inrrastructure as development ofthe Village 7 SPA Plan. Potentially significant cumulative impacts are associated with development of the project in conjunction with these surrounding development projects. In formulating mitigation measures for the project, regional issues and cumulative impacts have been taken into consideration. Many of the mitigation measures adopted for the cumulative impacts are similar to the project level mitigation measures. This reflects the inability of the Lead Agency to impose mitigation measures on surrounding jurisdictions (i.e., City of San Diego, City of National City, and Caltrans) and the contribution of these jurisdictions to cumulative impacts. The project, along with other related projects, will result in the following irreversible cumulative environmental changes. All page numbers following the impacts refer to pages in the EIR. The Otay Ranch GDP Program EIR (90-01) provided a comprehensive examination of the cumulative impacts associated with buildout of the entire Otay Ranch in conjunction with other related projects. The proposed Village 7 SPA Plan project would not substantially change the conclusions of the cumulative impact analysis rrom the Otay Ranch GDP EIR, since the proposed Village 7 SPA Plan project is consistent with the adopted GDP for Village 7. A. LAND USE, PLANNING, AND ZONiNG Impact: hnplementation of the Village 7 SPA Plan, in conjunction with buildout of the remaining portions of Village 7, Otay Ranch, and other nearby projects, will contribute to the conversion of over 30,000 acres of undeveloped land to urban uses. The overall loss of agricultural land and change in the character and use of the site rrom rural agricultural to urban would have a significant cumulative land use impact (EIR, Subchapter 5.0, page 5.4), as identified in the GDP Program EIR (90-01). 60 7 fI . " Finding: There is no feasible mitigation measure to reduce this impact to below significance. Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.. Explanation: There are no feasible measures that would mitigate the impact to below a level of significance. In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that there are no feasible measures that would mitigate the impact below a level of significant, and a Statement of Overriding Considerations was adopted. The City Council determined that the cumulative land use impacts were acceptable because of the specific overriding considerations. Mitigation Measures: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact of the conversion of land to urban uses to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to the loss of undeveloped land will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to land use that was identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GUt>. B. AGRICULTURAL RESOURCE':' Impact: Cumulative development of Otay Ranch and surrounding properties will result in the permanent loss or impairment of lands suitable and historically used as prime agricultural land. The GDP Program EIR (90-01) found the conversion of prime farmland and elimination of existing crop production to be a significant and unmitigable impact. 61 II It ~~ /c/J2,: I Finding: There is no feasible mitigation measure to reduce this impact to below significance. Pursuant to section 15091(a)(3) of the State CEQA Guideline, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. Explanation: The region represents an agricultural resource because of its coastal climatic conditions that are favorable to agricultural production. The cumulative commitment of agricultural land to urban uses will be irreversible. In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that there are no feasible measures that would mitigate the impact below a level of significant, and a Statement of Overriding Considerations was adopted. Mitigation Measure: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact of the loss of agricultural land to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: No additional measures are available for the Village 7 SPA Plan to reduce the impacts, and therefore, the cumulative impacts related to the loss of agricultural land represented by the Village 7 SPA Plan remain significant and unmitigable. C. TRAFFIC, CIRCULATION AND A.CCESS Impact: Cumulative impacts associated with the proposed project will occur under Scenarios 1, 3, 4, 5, 6, 8,9, and 10 at the following intersections and/or roadway segments: · Scenario 1 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road rrom La Media Road to SR 125. · Scenario 3 - Rock Mountain Road rrom SR 125 to Eastlake Parkway. 62 7/1... }.)1 · Scenario 4 - Rock Mountain Road from SR 125 to Eastlake Parkway. · Scenario 5 - Rock Mountain Road from SR 125 to Eastlake Parkway. · Scenario 6 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road rrom La Media Road to SR 125. · Scenario 8 - Rock Mountain Road rrom Main Street to La Media Road, rrom La Media Road to SR 125, rrom SR 125 to Eastlake Parkway, and rrom SR 125 and Eastlake Parkway, · Scenario 9 - Rock Mountain Road/La Media Road intersection; and along Rock Mountain Road rrom Main Street to La Media Road, and rrom SR 125 to Eastlake Parkway. · Scenario 10 - Rock Mountain Road rrom SR 125 to Eastlake Parkway Finding: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: Development of the proposed project will have significant cumulative under scenarios 1,3,4,5, 6,8,9, and 10. The intersections of Telegraph Canyon Road/I-805 southbound ramps and Rock Mountain Road/La Media would 'Jper'lte at unacceptable levels of service (LOS E or F). Additionally, the project would contribute incr<:mentally to cumulative roadway segment impacts along Telegraph Canyon Road fiom 1-805 to Oleander Avenue, and along Rock Mountain Road rrom Main Street to SR 125 and rrom SR 125 to Eastlake Parkway. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.3, page 32). 63 1A - / 4.3-2: No units within Village 7 shall be constructed which would result in the total number of units within the Eastern Territories (starting on January 1, 2003), exceeding 8,990 units, prior to the construction of SR 125 between SR 54 and the International border. 4.3-3: Assuming the scenario of 3, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a six-lane Major Street. 4.3-4: Assuming the scenarios of 4, and 5, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a seven-lane Major Street. 4.3-5: Assuming the scenario of 8, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a four-lane Major Street fÌom Main Street to La Media Road, a six-lane Major Street rrom La Media Road to SR 125, and a six-lane Prime Arterial rrom SR 125 to Eastlake Parkway. 4.3-6: Assuming the scenario of 9, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for a six-lane Prime Arterial with the appropriate intersection geometry at the intersection of Rock Mountain Road/La Media Road, a six-lane Major Street fÌom Main Street to La Media Road, and an eight-lane Prime Arterial rrom SR 125 to Eastlake Parkway. 4.3-7: Assuming the scenario of 10, the developer of the project shall contribute its fair share towards the widening of Rock Mountain Road to meet the City's standards for an eight- lane Prime Arterial fÌom SR 125 to Eastlake Parkway. Significance After Mitigation: hnplementation of mitigatiJil measures 4.3-2 through 4.3-7 will reduce cumulative traffic impacts to below significance. D. AIR QUALITY Impact: The proposed project will result in temporary and long-term air quality impacts associated with construction and operation of the proposed project. Once the proposed project is built out, the 64 ? ft- / major source of air pollution will be rrom project-related traffic. These emissions would exceed the thresholds for ROG, Nox, CO and PMlO resulting in significant 'Cumulative air quality impacts. The San Diego Air Basin is a non-attainment area; therefore, any emissions will result in a significant impact. Finding: With implementation of all feasible mitigation, project-related traffic emissions will still exceed the identified significance threshold ROG, NOx, CO, and PMIO in Year 2005. There is no feasible mitigation available for this impact. Pursuant to section 15091(a)(3) of the CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.. Explanation: The project site is located within the San Diego Air Basin, a non-attainment area. Vehicular traffic generated by project residents, in concert with all other traffic in the project vicinity, will contribute to cumulatively significant air quality impacts. Mitigation Measure: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Subchapter 4.5, page 4.5-16). 4.5-1: The following measures shall be specified as notes on the project grading plans, and shall be implemented as practical to minimize construction emissions: · Minimize simultaneous operation of multiple construction equipment units. · Use low pollutant-emitting construction equipment, as practical · Use electric'll COTlstruction equipment as practical. · Use catalytic reduction for gasoline-powered equipment. · Use injection Liming rctard for diesel-powered equipment. · Water the construction area at least twice daily to minimize fugitive dust. · Stabilize graded areas as quickly as possible to minimize fugitive dust. · Pave permanent roads as quickly as possible to minimize dust. · Use electricity rrom power poles instead of temporary generators during building, as feasible. · Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. 65 111 1<'; r, , I - ·c:" -' · Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. · Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. · Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. · Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blowoff during hauling. · Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. Significance After Mitigation: With implementation of all feasible mitigation identified above, project-related traffic emissions will still exceed the identified significance threshold ROG, NOx, CO, and PMlOin Year 2005. The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact to air quality to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. This impact is identical to the significant and unmitigable impact to air quality that was identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. E. LANDFORM ALTERATION/AESTHETICS Impact: hnplementation of the Otay R?TIcn GDP would continue to result in cumulatively significant and unmitigable landfof'TI a1t·~,·?tion and aesthetics impacts related to: (i) an unavoidable change in the overall visual character of the project area; (ii) an unavoidable impact to landforms; and (iii) an unavoidable impact related LO ùevdopment in highly visible areas. These impacts are identical to the significant and unrnitigable landform alteration and aesthetics impacts that were identified and assessed in Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. 66 ï7hr Finding: There is no feasible mitigation measure to reduce this impact to below significance. Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible mitigation the measures or project alternatives identified in the Final EIR.. Explanation: hnplementation of the Village 7 SPA Plan project will affect visual quality of the region by contributing to the changing the character of the site rrom rural agricultural land to an urban use and changing the existing topography of the site. Therefore, the project will contribute to the cumulative significant change in visual quality identified by the GDP Program EIR (90-01). In adopting the Findings of Fact to approve the Otay Ranch GDP, the City Council found that there are no feasible measures that would mitigate the impact to below a level of significance, and a Statement of Overriding Considerations was adopted. The City Council determined that the cumulative aesthetics and landform alteration impacts were acceptable because of the specific overriding considerations. Mitigation Measure: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no feasible measures that would mitigate the impact to visual quality and landform to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative iP1pacts to aesthetics and landform will remain significant and unmitigable. This impact is identical to tne significant and urunitigable impact to land use that was identified and assessed in tt.e Progr'lm EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. F. HYDROLOGY/WATER QUALITY Impact: The project, in conjunction with the development of other projects in the Eastern Territories, will increase the amount of impervious surfaces, decrease ground water replenishment, aggravate 67 " .' ., ". .J :--~'. #1 ~.-l., "' -- , í /1-" l {/ I existing downstream drainage and flooding problems, and contribute to cumulatively significant water quality degradation downstream and in local water resources. Finding: Pursuant to section 15091(a){l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: The project will be developed in accordance with the regulations of the RWQCB, and engineering and design features will be required to ensure water quality is maintained. Other projects in the vicinity will be similarly required to adhere to NPDES and RWQCB requirements, which are directed at reducing the amount of urban pollutants entering natural water courses and sensitive coastal resources. Mitigation Measure: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.7, pages 11-12). 4.7-1 Prior to issuance of each grading permit, a detailed drainage system design study shall be prepared in accordance with the City ofChula Vista's standards and shall be approved by the City Engineer. 4.7-2 Prior to issuance of each grading permit, the project applicant shall submit an Nor and obtain an NPDES Permit for Construction Activity rrom SWRCB. Adherence to all conditions of the \.Jeneral Permit for Construction Activity is required. Each applicant wanting to develop within the Village 7 SPA Plan project is required under the SWRCB Gç;;~ral Construction Permit to develop a SWPPP describing BMPs to be used during and after construction to prevent the discharge of sediment and other pollutants in storm water runoff rrom the project. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. 4.7-3 Permanent treatment control BMPs shall be included as part of the proj ect in accordance with Section 2c of the City of Chula Vista SUSMP, the Preliminary Water Quality Technical Report for Otay Ranch Village 7 (Rick Engineering Company, May 24, 2004) 68 ~.. r / It. / , .) ./ and the Preliminary Water Quality Technical Report (Hunsaker & Associates, May 21, 2004). 4.7-4 Prior to construction, a maintenance plan for temporary erosion control facilities shall be established by the applicant to the satisfaction of the City Engineer. The applicant shall be responsible for implementing, monitoring, and maintaining the required BMPs to ensure that the measures are working properly, until the construction area has been permanently stabilized. This will typically involve inspection, cleaning, repair operations being conducted after runoff-producing rainfall. 4.7-5 After construction, energy dissipating structures (e.g. detention ponds, riprap, or drop structures) as deemed necessary by a hydrologic or engineering consultants shall be used at storm drain outlets, drainage crossings, and/or downstream of all culverts, pipe outlets, and brow ditches to reduce velocity and prevent erosion. Significance After Mitigation: hnplementation of mitigation measures 4.7-1 through 4.7-5 will reduce impacts to below significance. G. PALEONTOLOGICAL RESOURCES Impact: The GDP Program EIR (90-01) identified the potential for disturbance of significant paleontological resources as a cumulatively significant impact. Grading activities associated with development of the site could impact buried paleontological resources in the Otay Formation. Therefore, the project would contribute to cumulatively significant paleontological impacts. Finding: Pursuant to section 1509l(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: Cumulatively significant impacts to paleontological resources resulting rrom the continued development of the area were identified in the Otay Ranch GDP Program EIR, and a Statement 69 '7 It ø /:;,j of Overriding Considerations was adopted. The GDP Program EIR identified mitigation measures for potential impacts to paleontological resources, which the project will comply with. Other projects in the vicinity will be similarly required to adhere to the mitigation, which is directed at reducing impacts to paleontological resources. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Subchapter 4.10, pages 4-5): . 4.1 0-1 Prior to issuance of anyon-site ( or off-site) grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) 4.1 0-2 A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geological formations(Otay Formation) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall periodically (every several weeks) inspect original cuts in deposits with an unknown resources sensitivity. (A qualified paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials). 4.10-3 If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor), shall be allowed to temporarily direct, divert, or halt grading !O allow recovery of fossil remains in a timely manner. Where deemed appropriate by the paleontologist (or paleontological monitor). A screen-washing operation for small fossil remains shall be set up. 4.10-4 Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited (with the applicant's permission) in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance or recovered fossils. 70 '7 A - I:; ,;~, Significance After Mitigation: hnplementation of mitigation measures 4.1 0-1 through 4.10-4 will reduce impacts to below significance. H. BIOLOGICAL RESOURCES Impact: Development of the Village 7 SPA Plan will contribute to a cumulative loss of raptor foraging habitat. The loss of raptor foraging habitat was also identified as a significant impact in the GDP Program EIR (90-01). Finding: There is no feasible mitigation measure to reduce this impact to below significance. Pursuant to section 15091(a)(3) of the State CEQA Guidelines, specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR.. Explanation: hnplementation of the Village 7 SPA Plan will eliminate approximately 288.5 acres of agricultural land and non-native grassland used for foraging by raptor species. The GDP Program EIR (90-01) identified the loss ofraptor foraging habitat as a significant impact. The Village 7 SPA Plan project will contribute to this significant impact. Mitigation Measures: The City Council found in adopting the findings to approve the Otay Ranch GDP that there are no fe~~i¡'le measures that would mitigate the impact of the loss of foraging habitat to below a level of significance. Therefore, the Village 7 SPA Plan, as a project that implements the GDP, would contribute to this cumulatively significant unmitigable impact. Significance After Mitigation: Cumulative impacts to the loss of foraging habitat will remain significant and unmitigable. This impact is identical to the significant and unmitigable impact to foraging habitat that was 71 1ft .' ;;7, .....,.. identified and assessed in the Program EIR 90-01, and overridden in the City's Statement of Overriding Considerations prepared for the adopted Otay Ranch GDP. XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES Because the proj ect will cause significant environmental effects, as outlined above, the City must consider the feasibility of any environmentally superior alternative to the project as finally approved. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the significant environmental effects. Where no significant environmental effects remain after application of all feasible mitigation measures identified in the EIR, the decision makers must still evaluate the project alternatives identified in the EIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376 [253 Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]). Accordingly, for this project, in adopting the findings concerning project alternatives, the City Council considers oniy those environmental impacts that, for the finally approved project, are significant and cannot be avoided or substantially lessened through mitigation. If project alternatives are feasible, the decision makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decision makers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones that "could feasibly attain the basic objectives of the project." However, the CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental effects even if these alternatives "would impede to some degree the attainment of the project objectives" (CEQA Guidelines, section 15126). 72 '/'/1".' ;' '7 i l ,1 _", ¡'*"r". I, ~ô,,¥ I ~ The City has properly considered and reasonably rejected project alternatives as "infeasible" pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors" (Pub. Resources Code, section 21061.1). The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "the lack of legal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Ca1.3d 553,565 [276 Cal.Rptr.410J). Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: 1. "Changes or alternations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(l». 2. "Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines, section 15091, subd. (a)(3». .). "Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the finai EIR" (CEQA Guidelines, section 15091, subd. (a)(3». The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal. Rptr. 898]). "'[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid,; see 73 1/11 ._''1 , ~ .I ,:::.-=;. also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715 [29 Cal.Rptr.2d 182]). These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection ofthe finally approved project, while still resulting in significant environmental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain alternatives, the decision makers have examined the finally approved project objectives and weighed the ability of the various alternative to meet objectives. The decision makers believe that the project best meets the finally approved project objectives with the least environmental impact. The detailed discussion in Section IX and Section X demonstrates that all but five significant environmental effects of the project have been either substantially lessened or avoided through the imposition of existing policies or regulations or by the adoption of additional, formal mitigation measures recommended in the EIR. The remaining unmitigated impacts are the following: · Land Use (direct and cumulative - conversIOn of the site from undeveloped to intensive urban uses); . Agricultural Resources (cumulative -loss of agricultural lands); · Air Quality (cumulative - operation-related emissions); · Landform Alterations/Aesthetics (direct and cumulative - change in visual character of the site); and . Biological Resources (cumulative -loss of raptor foraging habitat). The GDP Program EIR (90-01) also identified significant and not mitigated irr>pacte for land use, agricultural resources, air quality, landform alterations/aesthetics, and biological resouræs. The Village 7 SPA Plan project would contribute to the significant, unmitigated impacls identified above and by the GDP Program EIR. A Statement of Overriding Considerations was previously adopted by City Council for the GDP Program EIR, rrom which the Village 7 SPA Plan EIR tiers. Thus, the City can fully satisfy its CEQA obligations by determining whether any alternatives identified in the EIR are both feasible and environmentally superior with respect to the impacts listed above (Laurel Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and 74 1 It, /.ll' Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 CalJd 376, 400-403 [253 Cal. Rptr. 426]). Table 6-1 in the EIR (EIR, Chapter 6, pages 9-12) provides a Surnrllary table comparing each of the alternatives to the proposed project. As the following discussion will show, no identified alternative qualifies as both feasible and environmentally superior with respect to the unmitigated impacts. To fully account for these unavoidable significant effects and the extent to which particular alternatives might or might not be environmentally superior with respect to them, these findings will not focus solely on the impacts listed above, but may also address the environmental merits of the alternatives with respect to all broad categories of impacts - even though such a far- ranging discussion is not required by CEQA. The findings will also assess whether each alternative is feasible in light of the City's objectives for the project. The City's review of project alternatives is guided primarily by the need to reduce potential impacts associated with the project, while still achieving the basic objectives of the project. Here, the City's primary objective is to comprehensively plan, coordinate, and implement development over a large area. More specific objectives include those previously listed in Section III. The City evaluated four alternatives to the proposed project, which are discussed below. A comparison of these alternatives is included in the EIR as Table 6-1 (EIR, Section 6.0, pages 8-11). A. NO PROJECT/NO DEVELOPMENT ALTERNATIVE Section 15126, subdivision(e), of the CEQA Guidelines requires the evaluation of the "No Project" alternative. Such an alternative "shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infTastructure and community services." Under the "No Project/No Development" alternative, the Village 7 SPA Plan project sJte would remain as it is today, and no development would occur. The approximately 288.5-acre project site would remain as undeveloped, agricultural land with residential developmf'Dt to the north and planned future urban development to the west, east and south. The proposed Village 7 SPA Plan project is consistent with the Otay Ranch GDP. The No Project/No Development alternative would not allow for the development of the Village 7 SPA Plan as identified in the Otay Ranch GDP. With respect to the unmitigated impacts discussed in Section 4.0, Environmental Impact Analysis, of this EIR, the No Project/No Development alternative would not result in direct impacts to agricultural resources, air quality, landform alteration/aesthetics, hydrology/drainage/water quality, and biological resources and utilities and 75 ) If·· /:37 public services. Cumulative impacts to landform and aesthetics, and hydrology and water quality would also be eliminated. However, impacts to land use would occur because the project would not implement the City's General Plan, MSCP Subarea Plan or the Otay Ranch GDP, and would not provide housing opportunities within the City. With the No ProjectINo Development alternative, the site would not be permanently removed rrom future development, since applicable plans for the site identify its development. Although the No ProjectINo Development alternative is considered environmentally preferable to the proposed project because it would eliminate many direct and cumulative impacts, it would not accomplish several of the goals and objectives of the proposed project and is therefore not feasible. Additionally, this alternative would result in land use conflicts because it would not allow for implementation of the Otay Ranch GDP for Village 7. Findings: 1. The No ProjectINo Development alternative would not meet any of the basic project objectives as listed in Section 3.2, Project Objectives, of this EIR, and in Section III of these Findings of Fact. 2. The No Project/No Development alternative would not provide housing, conflicting with the housing goals of the General Plan, which recommends that housing be provided for all income groups. 3. Retention of the project site in its existing state as primarily agricultural fields would be inconsistent with the approved General Plan and existing Otay Ranch GDP land use designations for the site. In addition, key subregional traffic routes established in the Circulation Element would not be implemented. 4. Retention of the site in its current vacant condition would not implement the goals of the General Plan and would require re-evaluation of the existing GDP. The project proposes to provide regional-serving public facilities designated in [he COD1l11UPjty pl.an, including Circulation Element roads, parks, open space, water and sewer facilities, and other inrrastructure. These facilities would be needed to support surrounding developments whether the project is implemented or not. The No ProjectINo Development alternative would require that these facilities be provided without the benefit of the dedications and financial participation rrom private development, which may delay or preclude facilities rrom being provided. The reduction in dwelling units would result in a loss of anticipated contributions into the Public Facilities Financing Plan (PFFP) rrom the dwelling units/structures that would otherwise have made payments upon issuance of building 76 "7 ìi .""J ,/ { 11' / ~-;I ð permits. The loss of units under the No Project/No Development alternative would result in a shortfall of contributions into the PFFP and potentially lead to insufficient funding for the remaining public facilities currently identified in the PFFP for construction in this area. 5. The City and County would receive lower long-term revenues in the form of property and sales tax resulting rrom the non-development of the proposed residential areas. hnplementation of the No ProjectINo Development alternative would not achieve any of the objectives established for the project. Although this alternative would at least temporarily preserve land which is currently not developed, agricultural land and other natural features on the project site, it would amount to a failure to plan the site for eventual development, despite the planned community designation contemplated by the General Plan GDP. The No ProjectINo Development alternative is inconsistent with the City's objectives: to plan the project area in a comprehensive manner in a way that deals with the logical extension of public services and utilities; to plan for parks and open space to serve residents; to complete the City's circulation; and to create densities sufficient to pay for all required services and inrrastructure. The alternative also fails to meet objectives favoring an accommodation of future projected population in an area reasonable close to future job-growth areas within the City, as well as the construction of affordabie housing consistent with the City's goals. For these reasons, the City Council concludes that the No ProjectINo Development alternative is not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23 Cal.App.4th at 715). B. ALTERNATIVE II - BRIDGE CROSSING OF LA MEDIA ROAD The Bridge Crossing of La Media Road alternative considered a bndge crossing of La Media Road over Wolf Canyon, instead of the proposed lower crossing that utilizes fill and berming. This procedure would reduce the footprint of the bridge abutmt';.lts, while allowing the canyon to remain open instead of being blocked by the berm and would reduce the visual impacts of the La Media Road crossing associated with the proposed project. Additionally, the Bridge Crossing of La Media Road alternative would facilitate the connectivity of the canyon. However, this alternative would still require significant landform alteration and the narrowing of Wolf Canyon. Rip-rap abutments would be required, and existing natural steep slopes within the canyon would still occur where the bridge abutments would be constructed. Additionally, this 77 / /'/-0 I "Î i/.' ¡ ,-' ,:,:,) alternative would require the hanging of utilities on the bridge, which would result in greater visual impacts than the proposed proj ect. Under the Bridge Crossing of La Media Road alternative, the proposed grades rrom the Otay Project LP TM would create a steep drop (an approximately 30-foot grade difference) west of La Media. This grade differential would cause a soft bottomed crossing to be subject to significant scour and would require the placement ofreinforcement/stabilizing structures. In addition, water would infiltrate and could cause the La Media Road fill crossing to be unstable, which over time could result in road failure. The City's MSCP Subarea plan does not identify any of Village 7 as a Conserved Area; the upper reaches of Wolf Canyon that run through Village 7 are not part of the Wolf Canyon Wildlife Corridor and do provide any connectivity for wildilfe. Therefore, no open crossing under La Media is contemplated in the City's Subarea Plan or being requested by the City for biological purposes or to protect wildlife corridors. This alternative bridge design would allow the project to achieve most of the basic project objectives. However, the Bridge Crossing of La Media Road alternative would not reduce or further mitigate impacts to landform alteration and aesthetics or biological impacts and is not considered environmentally superior. The Bridge Crossing of La Media Road alternative would also result in a 30-foot differential within Wolf Canyon, which is not engineering feasible. Findings: 1. The Bridge Crossing of La Media Road alternative would require significant landform alteration associated with the narrowing of Wolf Canyon, as well as introduce visual impacts associated with the hanging of utilities, resulting in significant landform alteration/aesthetics impacts. 2, The Bridge Crossing of La Media Road would result in an approximate 3Q-foot grade differential within Wolf Canyon, which is not engim~ering feasIble. The Bridge Crossing of La Media Road alternative would not avoid or substantially lessen any of the significant affects of the project. This alternative would still result in significant impacts to land us~, agricultural resources, traffic, noise, air quality, landform alteration/aesthetics, hydrology/drainage/water quality, geology and soils, cultural resources, paleontological resources, biological resources, utilities and public services, and public health and safety. hnpacts to landform alteration/aesthetics would be different rrom the proposed project, but still 78 17 ¡:¡ / (,j /'Î l i"".l significant. Additionally, the Bridge Crossing of La Media Road alternative would not be engineering feasible. For these reasons, the City Council concludes that the Bridge Crossing of La Media Road alternative is not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23 Cal.App.4th at 715). C. ALTERNATIVE III - ALTERNATIVE MIX OF LAND USES The Village 7 SPA Plan covers the McMillin Otay Ranch, LLC and Otay Project LP ownerships within Village 7. As such, the complete development of Village 7 with all uses identified in the Otay Ranch GDP for Village 7 is not proposed. The Alternative Mix of Land Uses alternative evaluated the development of the Village 7 SPA Plan project area with a different mix ofland uses than proposed by the project. Possible land uses identified for Village 7 by the Otay Ranch GDP, but which are not proposed by the Village 7 SPA Plan, include a Town Square, a mixed- use/commercial area, and a middle school, as well as additional single-family dwelling units and community purpose facilities. A variety of land use plans could be developed for the subject property based on the land uses allowed by the Otay Ranch GDP for Village 7. In developing the proposed project land use plan, the entire village was fust planned to a conceptual level to demonstrate that compliance with the Otay Ranch GDP could be accomplished as the remaining landholdings were developed. This exercise drove the land use pattern shown for the project. In addition, the plan provides for the public facility needs of the village residents by providing a site for an elementary school, a high school site and the neighborhood park on McMillin's ownership. This allows for these facilities to be developed when needed to serve the village. Findings: 1. The Alternative Mix of Land Uses alternative wOLlld result in unmitigated impacts associated with land use, agricultural resources, air quality, landform alteration/aesthetics, and biological resources, similar to the proposed project. 2. The Alternative Mix of Land Uses alternative may not implement all of the project's objectives. The project's land use mix may not implement all of the project objectives. Depending on the mix of uses, this alternative could result in greater or less traffic, Also depending on the mix of uses, a high school site mayor may not be part of the project. However, development of the site 79 (I fi - '/1/ with any mix of the land uses identified in the Otay Ranch GDP would result in similar unmitigated impacts as the proposed project (i.e., land use, agricultural resources, air quality, landform alteration/aesthetics, and biological) and would not substantially reduce any significant impact. Furthermore, from a cumulative impacts standpoint, ultimate buildout of Village 7 in accordance with the GDP would n:sult in similar impacts, regardless of the land use mix. For these reasons, the City Council concludes that the Alternative Mix of Land Uses alternative is not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23 Cal.App.4th at 715). D. ALTERNATIVE IV - REDUCED DENSITY ALTERNATIVE A Reduced Density Alternative was considered, which would reduce the project's contribution to cumulative traffic impacts to Rock Mountain Road under Scenarios 9 and 10 of the traffic study. It should be noted that these impacts are fully mitigated by the project. In order to reduce the project's impact to Rock Mountain Road to below a level of significance thereby not requiring mitigation, the project would need to contribute less than 800 ADT to the roadway. This would equate to the project generating a maximum total of 5,035 ADT. Therefore, the Reduced Density Alternative assumes traffic generated rrom the project's proposed mixed ofland uses would be 5,035 ADT. With total trafficîimited to 5,035 ADT, the Reduced Density Alternative would not allow for development of the mix ofland uses proposed by Otay Ranch GDP for the Village 7 SPA Plan project. For example, a high school that accommodates up to 2,950 students would not be allowed, since this use alone would generate 5,900 ADT. Rather, the project could develop a maximum of 503 single-family residences onIy, or it could develop a maximum of 629 multi- family units only. The project could also develop with a combination of land uses (i.e., an elementary school and 205 single-family homes, or some other combination) under this alternative; however, none of these options would allow lor nnplementation of the Otay Ranch GDP. Findings: 1. The Reduced Density alternative would not meet the basic proj ect obj ectives as listed in Section 3.2, Project Objectives, of this EIR, and in Section III of these Findings of Fact. 2. The Reduced Density alternative would not allow for development of Village 7 as an Urban Village, as called for in the Otay Ranch GDP. 80 (7 A-Ii{> 3. The Reduced Density alternative would not allow for the project site to develop to its full potential, as allowed by the General Plan and Otay Ranch GDP. 4. The City and County would receive lower long-term revenues in the form of property and sales tax resulting rrom the significantly reduced development ofthe project site. The Reduced Density Alternative would not allow the Village 7 SPA Plan to develop with enough variety to ultimately create an Urban Village, as called for in the Otay Ranch GDP, and is therefore considered infeasible. Additionally, this alternative would be inconsistent with the existing and planned villages surrounding the project site because it would be developed at a significantly lower density and is not considered environmentally superior. For these reasons, the City Council concludes that the Reduced Density alternative is not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23 Cal.App.4th at 715) and environmentally supenor. E. ENVIRONMENTALLY SUPER.lORALTERNATIVE CEQA requires that the EIR identify the environmentally superior alternative among all of the alternatives considered, including the proposed project. If the No ProjectINo Development alternative is selected as environmentally superior, then the EIR shall also identify an environmentally superior alternative among the other alternatives. The environmental analysis of project alternatives presented above indicates, through a comparison of potential impacts rrom each of the proposed alternative and the proposed project, that the No ProjectINo Development alternative, if left in its current state, could be considered environmentally superior because no new uses would be introduced to the area and the project site that would result in environmental impacts. However, the No ProjectINo Development alternative would not implement the City's General Plan, the Otay Ranch GDP, or the RMP and would not allow delivery of the high school site, which JS Oil': of the primary project objectives. The No ProjectINo Development alternative would Got accomplish any of the objectives of the project. The Reduced Density alternative could also be considered environmentally superior because it would eliminate the project's contribution to cumulative traffic impacts along Rock Mountain Road. However, under this alternative, development of the site would be extremely limited in its development in order to minimize the number of trips it generates, The Reduced Density Alternative would not allow the Village 7 SPA Plan to develop with a variety of land uses in order for Village 7 to ultimately become an Urban Village, as identified in the Otay Ranch GDP. 81 1 fl-- / 7' ".' Additionally, this alternative would be inconsistent with planned surrounding development and would not accomplish the project's objectives. XII. STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED VILLAGE 7 SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAPS EIR The project would have significant, unavoidable impacts on the following areas, described in detail in Section IX of these Findings of Fact: · Land Use; · Agricultural Resources; · Air Quality; · Landform Alterations/Aesthetics; and · Biological Resources. The City has adopted all feasible mitigation measures with respect to these impacts. Although in some instances these mitigation measures may substantially lessen these significant impacts, adoption of the measures will, for many impacts, not fully avoid the impacts. Moreover, the City has examined a reasonable range of alternatives to the project. Based on this examination, the City has determined that none of the alternatives (1) meets project objectives, and (2) is environmentally preferable to the proposed proJect. As a result, to approve the project, the City must adopt a "statement of overriding considerations" pursuant to CEQA Guidelines sections 15043 and 15093. This provision allows a lead agency to cite a project's general economic, social, or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The provision explains why, in the agency's judgment, the project's benefits outweigh the unavoidable significant effects. Where another substantive law (e.g., the California Clean Air Act, the Federal Clean Air Act, or the California and Federal Endangered Species Acts) prohibits the lead agency rrom taking certain actions with environmental impacts, a statement of overriding considerations does not relieve the lead agency rrom such prohibitions. 82 111/ Ii£! Rather, the decision-maker has recommended mItIgation measures based on the analysis contained in the Final EIR, recognizing that other resource agencies have the ability to impose more stringent standards or measures. CEQA does not require lead agencies to analyze "beneficial impacts" in an EIR. Rather, EIRs are to focus on potential "significant effects on the environment," defined to be "adverse." (Pub. Resources Code Section 21068.) The Legislature amended the definition to focus on "adverse" impacts after the California Supreme Court had held that beneficial impacts must also be addressed. (See, Wildlife Alive v. Chickering (1976) 18 Cal.3d 190,206 [132 Cal.Rptr. 377].) Nevertheless, decision-makers benefit rrom information about project benefits. These benefits can be cited, if necessary, in a statement of overriding considerations. (CEQA Guidelines Section 15093.) The City finds that the proposed proj ect would have the following substantial, social, environmental and economic benefits. Anyone of the reasons for approval cited below is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this Section, and in the documents found in the Record of Proceedings, as defined in Section IV. Environmental Protection and Preservation The Village 7 SPA Plan project will convey land within the Otay Ranch Open Space Preserve at a ratio of 1.188 acres for each acre of development area, or pay a fee in lieu. The Resource Management Plan (RMP) has established performance standards for achieving an ll,375-acre Otay Ranch open space preserve. Compliance relies on progressive acquisition, or funding for acquisition, of the designated Otay Ranch Preserve areas with each development approval. Without the project's conveyance of land or payment of fees, Village 7 will have an indirect, long-term, potentially significant impact related to biological resources management unless the Otay Ranch regional open space is r,'òserved proportionally and concurrently with development. The preserve includes an open space system that incorporates public education programs; links community to natural areas; and preserves and restores sensitive habitats, special landforms, and wildlife corridors. In addition, a system of paths and trails wi¡j connect the urban villages and their parks within Otay Ranch, forming a passive and active recreation network throughout the area. The RMP adopted by the Chula Vista City Council has the following functions: 83 111- /'S · Serves as a plan-wide multi-species/habitat and cultural resources management program; · Provides the funding, phasing, and ownership mechanisms necessary to effectively protect and manage on-site resources over the long term; · Plans for coordinated, controlled public use and enjoyment of the Management Preserve established as part of the RMP consistent with protection of sensitive resources; · Provides certainty that the open space will be preserved in perpetuity by requiring irrevocable dedications of open space acreage; and · Preserves/protects cultural resources. The RMP provides for management, resource enhancement and restoration, research, education, and interpretive activities to ensure that resource values in areas to be preserved are maintained and enhanced in perpetuity. The RMP also addresses cultural, paleontological, recreational, and agricultural resource protection needs in addition to sensitive habitats. Finally, the RMP provides an opportunity to establish large blocks of interconnected natural open space. By linking the Otay Ranch Resource Management Preserve system to large and adjacent publicly owned open space lands with resource values similar to those found on the Otay Ranch property, the RMP contributes to the creation of an overall regional open space system, providing more the 35,000 acres of interconnected open space in Otay Ranch and the immediate vicinity. The RMP identifies the preservation of sensitive habitats that contain approximately 100 species of sensitive plants and animals. The Village 7 SPA Plan project will contribute to the Otay Ranch Open Space Preserve or pay a fee in lieu. Therefore, the project will help implement the 11,375-acre Otay Ranch open space preserve called for in the RMP. Community Planning and Dev"iop'ment Development patterns can be designed to minimize the adverse impacts of development on air quality and congestion. The Otay Ranch area contributes to air pollution in the San Diego air basin. Most of this pollution is attributable to motor vehicles. The Village 7 SPA Plan project provides job opportunities, schools, and park facilities proximate to housing, which will minimize automobile trip length and thereby reduce pollutant contributions to regional air quality. Additionally, once the entire Village 7 area is developed, the Village concept of the Otay Ranch GDP further minimizes automobile trip length and pollutant contributions to regional air 84 1 ff-- / -tor';:;; quality that could otherwise result, if jobs, housing, and commercial opportunities were provided for in a typical suburban development pattern. Otay Ranch's location adjacent to the Otay Mesa industrial area will provide housing proximate to this employment center. A mixed-use development, the GDP will promote linkage of trips, reduce trip length, and encourage use of alternative modes of transportation such as biking, walking, and use of transit. The GDP created a multi-modal transportation network that minimized the number and length of single-passenger vehicle trips. Designed to encourage walking, biking, use of transit and reduced reliance on automobiles, the GDP clusters high- density, high-intensity development in villages near transit and light rail terminals. Jobs, homes, schools, parks, and commercial centers are close by and linked by pedestrian and bicycle routes. Comprehensive Regional Planning The GDP and the Village 7 SPA Plan project provide the opportunity to comprehensively plan development that meets the region's needs for housing, jobs, inrrastructure, and environmental preservation. These benefits area made possible by Otay Ranch's size and scope. The O~ay Ranch GDP includes a provision for regional purpose facilities and public services that area typically not undertaken for smaller development projects. The regional planning process undertaken for the GDP involved long-range inter-jurisdictional coordination, ensuring maximum achievement of policies and regulations of both the City of Chula Vista and San Diego County. The benefits offered by the regional planning process utilized for the GDP include the following: · Comprehensive consideration of the GDP cumulative effects; · Consistency in the approach to resolving regional issues such as transportation, air quality, habitat pres\ÒrvatioD., Lfrastructure, and public services planning; and · Long,range coordination ofbcal and regional public facilities. The GDP includes a provision for designating land for regional purpose facilities. These facilities area provided by the County and are currently housed in County-owned facilities, where available, but are more commonly located in leased or rented space. Designation of land for regional purposes will facilitate the provision of these services and provide better opportunities for users of these facilities than is currently available with new development. 85 1 If / 1'-17 The Village 7 SPA Plan will develop a mix of uses that will ultimately contribute to an urban village once the entire Village 7 area is developed. The project is consistent with and implements the vision for Village 7, as set forth in the Otay Ranch GDP. Housing Needs The GDP will help meet a projected long-term regional need for housing by providing a wide variety of housing types and prices. In recent years, the cost of housing compared to other uses (e.g., commercial, industrial) has risen disproportionately to the cost of other uses in the Otay Ranch area, reflecting a shortfall in residentially zoned land. The GDP will help reduce the cost of housing by designating an adequate supply of suitable land for residential development. The Village 7 SPA Plan increases the housing stock in the City by approximately 1,204 dwelling units. This proposed level of development is included in the adopted planning for the City. The project represents a future housing supply for the region. Phasing will occur in response to market conditions, which will help fulfill the demand for housing. SANDAG has forecasted a need for an additional approximately 13,500 additional dwelling units within the City ofChula Vista by 2005. The Village 7 SPA Plan would enact the SANDAG policies by providing a pedestrian and trail system, preserving open space, offering new homes, increasing the tax base for the City, and providing right-of-way for the regional transit system. The Village 7 SPA Plan provides five percent low-income and five percent moderate-income housing. A total of]]6 affordable units (57 low-income dwelling units and 59 moderate-income dwelling units) will be provided. The proposed 10 percent affordable housing is cOnsistent with the objectives of the City's Housing Element and the Otay Ranch GDP requirements. Fiscal Benefit The fiscal impact ana¡y¡,is cdnducted for the GDP and included in the Otay Ranch Service Revenue Plal1 conclu,kd that, at bu1Ídout, the GDP will have a net positive impact on both the City of Chula Vista and the County of San Diego. Because it is anticipated that during buildout there will be short-term periods in which the costs to service Otay Ranch exceed revenues, the GDP includes a reserve fund program, which protects the City and County by correcting any operating deficiencies incurred by the affected jurisdiction during years where there is a fiscal shortfall. Financing of the reserve program and the cost of annual fiscal reviews will be the responsibility of the applicants. 86 1/f/ /i-/ t( The project will provide for significant community-wide public facilities. As the plan is implemented, it will be responsible for constructing public facilities and inrrastructure to serve the project and incidentally the subregion. These facilities include: · hnprovements to regional backbone circulation system; · Water and sewer facilities; · An elementary school and a high school site to serve Village 7 and the subregion; and · A public park and greenbelt and community trails. The project would also generate new temporary construction-related jobs that would enhance the economic base of the region. For these reasons, on balance the City Council finds there are environmental, economic, social, and other considerations resulting rrom the project that serve to override and outweigh the project's unavoidable significant environmental effects and, thus, the adverse unavoidable effects are considered acceptable. 87 7/-1-- lif / ATTACHMDJÍ S- VILLAGE 7 SECTIONAL PLANNING AREA PLAN MITIGATION MONITORING REPORTING PROGRAM Introduction This Mitigation Monitoring Reporting Program (MMRP) was prepared for the City of Chula Vista for the Village 7 Sectional Planning Area (SPA) Plan to comply with Assembly Bill 3180, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions are placed on the project throughout the project approval process. This monitoring program will serve a dual purpose of verifying completion of the mitigation measures for the proposed project and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: · Monitoring team qualifications · Specific monitoring activities · Reporting system · Criteria for evaluating the success of the mitigation measures The proposed project is the adoption of a SPA Plan for the McMillin Otay Ranch, LLC and Otay Project LP ownerships within Village 7, located in the Otay River Parcel of the Otay Ranch General Development Plan (GDP). The proposed project is the Village 7 SPA Plan, a development plan for an approximately 288.5-acre site within the Otay Ranch GDP/SRP area. Located in the southwestern portion of Otay Ranch, the project proposes a mix of residential and public and civic uses. The proposed Site Utilization Plan for the Village 7 SPA Plan divides the village into various parcels for development with a range of land uses. The parcels located on the northem portion of the site are identified as single-family residential. A tvtal "1 ; 56 single-family units are proposed. Located centrally within the site is the Village Core. lile ViÍ,' ge Core would provide one acre of community purpose facilities; an ILl-acre elementary school site; ?pd a 7/5.·acre neighborhood park. Additionally, a total of 448 multi-family units, including afford&¡'¡~ j¡vusi"g, WOl1ld be constructed north and east of the Village Core. Other public and commWlity purpose facilities would be located in the single-family residential portions of the site. A trail connecting Wolf Canyon to the west to the Eastern Urban Center would be provided. The EIR, incorporated herein as referenced, focused on issues determined to be potentially significant by the City of Chula Vista. The issues addressed in the EIR include land use and planning; agricultural lands; traffic, circulation and access; noise; air quality; landform alternation and aesthetics; hydrology, drainage, and water quality; geology and soils; cultural resources; paleontological resources; biological resources; utilities and public services; public health and safety; population and housing; and parks, recreation, trails, and open space. The environmental analysis concluded that some of the significant and Page 1 ijfl # ....P~-^ _~- ) 'IØ 1...""Jv potentially significant impacts could be avoided or reduced through implementation of recommended mitigation measures. Potentially significant impacts would require mitigation to the following issues: agricultural resources; traffic, circulation and access; noise; air quality; landform alteration and aesthetics; hydrology, drainage, and water quality; geology and soils; cultural resources; paleontological resources; biological resources; utilities and public services; and parks, recreation, trails, and open space. Mitigation Monitoring Team A monitoring team should be identified once the mitigation measures have been adopted as conditions of approval by the Chula Vista City Council. Managing the team would be the responsibility of the Mitigation Monitor (MM). The monitoring activities would be accomplished by Environmental Monitors (EMs), Environmental Specialists (ESs), and the MM. While specific qualifications should be determined by the City of Chula Vista, the monitoring team should possess the following capabilities: · Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; · Knowledge of and appreciation for the general environmental attributes and special features found in the project area; · Knowledge of the types of environmental impacts associated with construction of cost-effective mitigation options; and · Excellent communication skills. The responsibilities of the MM throughout the monitoring effort include the following: · Implement and manage the monitoring program; · Provide quality control for the site-development monitoring; · Administrate and prepare daily logs, status reports, compliance reports, and the final construction monitoring; · Act as a liaison betw~~n the City ofChula Vista and the applicant's contractors; · Monitor on-site, day-to-day construction activities, including the direction of EMs and ESs in the understanding of all permit conditions, site-specific project requirements, construction schedules, and environmental qualitj' control effort; · Ensure contractor knowledge of and compliance with all appropriate permit conditions; · Review all construction impact mitigation and, if need be, modify existing mitigation or proposed additional mitigation; · Have the authority to require correction of observed activities that violate project environmental conditions or that represent unsafe or dangerous conditions, and; Page 2 7/}- /S'l · Maintain prompt and regular communication with the on-site EMs and ESs and personnel responsible for contractor performance and permit compliance. The primary role of the Environmental Monitors is to serve as an extension of the MM in performing the quality control functions at the construction sites. Their responsibilities and functions are to: · Maintain a working knowledge of the Village 7 SPA Plan project permit conditions, contract documents, construction schedules, and any special mitigation requirements for his or her assigned construction area; · Assist the MM and the applicant's construction contractors in coordinating with City of Chula Vista compliance activities; · Observe construction activities for compliance with the City of Chula Vista permit conditions, and; · Provide rrequent verbal briefings to the MM and construction personnel, and assist the MM as necessary in preparing status reports. The primary role of the ESs is to provide expertise when environmentally sensitive Issues occur throughout the development phases of project implementation and to provide direction for mitigation. Program Procedural Guidelines Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and to establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be addressed prior to any project plan approvals in follow-up meetings designed to discuss specific monitoring effects. An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted, and these mitigations must be distributed to the participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City of Chula Vista would include the City of Chula Vista, the project applicant, the MM, and the construction crew supervisor. The MM would distribute to each EM and ES a specific list of miti¡¡ation measures that pertain to his or her monitoring tasks and the appropriate time rrame that these mitigations are anticipated to be implemented. In addition to the lisl u' mitigation measures, the monitors will have mitigation monitoring report (MMR) forms, with each miligatio", measure written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the MM following the monitoring activity. The MM will then include the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City ofChula Vista. This report will describe the major accomplishments of the monitoring program, summarize problems encountered in achieving the goals of the program, evaluate solutions developed to overcome problems, and provide a list of recommendations for future monitoring programs. In addition, and if appropriate, each EM or ES will be required to fill out and submit a daily log report to the MM. The daily log report will be used to record and account for the Page 3 [""7'-'" In""! ,.F"', ,,~,. '"r- monitoring activities of the monitor. Weekly and/or monthly status report, as determined appropriate, will be generated ITom the daily logs and compliance reports and will include supplemental material (i.e., memoranda, telephone logs, and letters). This type of feedback is essential for the City ofChula Vista to confinn the implementation and effectiveness ofthe mitigation measures imposed on the project. Actions in Case ofNoncomnliance There are generally three separate categories of noncompliance associated with the adopted conditions of approval: . Noncompliance requiring an immediate halt to a specific task or piece of equipment; . Inrraction that warrants an immediate corrective action but does not result in work or task delay, and; · Inrraction that does not warrant immediate corrective action and results in no work or task delay. In each case, the lV!M would notify the applicant's contractor and the City of Chula Vista of the noncompliance, and an MMR would be filed with the MM on a daily basis. There are a number of options the City of Chula Vista may use to enforce this program should noncompliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, pennit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are the responsibility of the City ofChula Vista. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES The following table summarizes the potentially significant project impacts associated with the Village 7 SPA Plan project, and lists the associated mitigation measures and the monitoring efforts necessary to ensure that the measures are properly implemented. The mitigation measures presented within this MMRP are further documented on a project level, as well as ownership level, including the Village 7 SPA Plan, the McMillin Otay Ranch, LLC TM, and the Otay Project LP TM. All the mitigation measures identified in the EIR are required as conditions of proj ect approval and are stated herein in language appropriate for such conditions. 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EIR 04-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 04-06) FOR THE VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAPS (TMS); MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, McMillin Otay Ranch, LLC, and Otay Project, LP, submitted an application requesting approvals for a Sectional Planning Area (SPA) Plan and Tentative Maps (TMs) for Village Seven ("Project"); and WHEREAS, a Draft EIR 04-06 was issued for public review on June 14, 2004 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 04-06 on July 28,2004 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Draft EIR 04-06 on September 22, 2004 and certified EIR-04-06 and adopted the Findings of Fact; Statement of Overriding Considerations; and the Mitigation and Monitoring and Reporting Program. Further, the Planning Commission also recommended that the City Council certify the document and adopt the Findings of Fact; Statement of Overriding Considerations; and the Mitigation Monitoring and Reporting Program.; and WHEREAS, a Final Environmental hnpact Report (FEIR 04-06) was prepared on the Village Seven SPA and TMs; and WHEREAS, FEIR 04-06 incorporates, by reference, the prior EIR.s that address the subject property including the Chula Vista General Plan EIR and the Final Otay Ranch GDP/SRP Program EIR (90-01), the Village Seven SPA Plan; the Village Seven Public Facilities Finance Plan as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated September 22, 2004 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 04-06 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will 111- ¡?7 come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk, are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on EIR 04-06 held on July 28, 2004, and September 22, 2004, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 2]]67.6, shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). II. FEIR 04-06 CONTENTS That the FEIR 04-06 consists ofthe following: 1. Second-Tier EIR for the Village Seven SPA Plan and TMs (including technical appendices); and 2. Comments and Responses 3. Errata (All hereafter collectively referred to as "FEIR 04-06") III. ACCOMPANYING DOCUMENTS TO FEIR 04-06 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 04-06, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation :;/1-)6(( Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) are prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Envirorunental Review Procedures ofthe City ofChula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 04-06 reflects the independent judgment of the City ofChula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A," a copy of which is on file in the office of the City Clerk, identifying the specific economic, social and other considerations that render the unavoidable significant adverse envirorunental effects acceptable. C. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 04-06 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. D. Infeasibility of Alternatives l7ft-/8r¡ As more fully identified and set forth in FEIR 04-06 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEIR-04-06, were not found to reduce impacts to a less than significant level or meet the project objectives. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 2]]67.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Envirorunental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds that FEIR-04-06, the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, §2l000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, should be certified. 7ff- /90 Presented By: James D. Sandoval Director of Planning and Building Approved as to form by: 1#- /e; / COUNCIL AGENDA STATEMENT Item No.: Meeting Date: i Ii t 'I ~' 10/12/04 ~_/ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN (pCM 04-05) WEST OF THE FUTURE SR-125, SOUTH OF BIRCH ROAD, EAST OF LA MEDIA ROAD, AND NORTH OF ROCK MOUNTAIN ROAD; AND, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OT A Y RANCH, VILLAGE SEVEN SUBMITTED BY: Director of Planning and BUildi--~ ¡; 1~ REVIEWED BY: City Manager r;t Çr (4/5ths Vote: Yes _ No ---X....) This report provides background and analysis for consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving approximately 303 acres of land comprising a portion of Otay Ranch, Village 7, located between the future extension of La Media Road and the alignment ofSR-125, south of Birch Road, within the Otay Yalley Parcel. RECOMMENDATION: Staff recommends that the City Council, 1. Approve the Village 7 Sectional Planning Area (SPA) Plan and supporting regulatory documents including the Village Design Plan, Public Facilities Financing Plan, Affordable Housing Program, Air Quality hnprovement Plan, Water Conservation Plan, Non-Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan, and, 2. Adopt an Ordinance to approve Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. r~;] A'~ .~ f Page 2, Item: 7~G Meeting Date: 10/1? /04 ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment; therefore, a Second-Tier Environmental hnpact Report (EIR #04-06; SCH# 2003111050) has been prepared. Certification of the Second-Tier Environmental hnpact Report for this project (EIR 04-06) will be considered as a separate agenda item by the City Council. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed the Draft Environmental Impact Report on July 19, 2004. The Planning Commission reviewed the Draft Environmental hnpact Report on July 28, 2004. Recommendations and actions from those reviews are discussed in the agenda item related to the Environmental hnpact Report. The Planning Commission reviewed the Village 7 SPA and related actions on September 22, 2004, and adopted the attached Resolution PCM 04-05 recommending approval by the City Council, by vote of 5-0, with two absences. The minutes of the Planning Commission hearing are attached. BACKGROUND: T nr.ntinn ann ¡:¡:yjr::ti11.g ,'\itp rhnrnrfpriç:tirç: The site subject to this application lies adjacent and west of the route of SR-125. It is bounded on the north by Birch Road, across which lies Village 6. The western boundary of Village 7 is the future extension of La Media, across which lie, from north to south, Village 3, the head of Wolf Canyon, and Village 4. Within Village 7, but not subject to the application, are the ownerships of the HomeFed (Otay Land Company) and the Stephen and Mary Birch Foundation, representing about 71 acres and lying southerly of a straight property boundary. Also not subject of the application is the approximately 50-acre VORTAC site of the Federal Aviation Administration. The VORTAC site is located near and above the frontage of La Media, and contains the highest elevation point within the GDP village. The portion of Village 7 subject to the application consists of 303 acres of rolling topography with two primary drainages, one of which is an extension above Wolf Canyon and the second of which drains to Otay Valley. Kp)l ppnt1Jrpç and Jç:ç1JP'i: Addrpç:çpfl hy thp Plnn The Village 7 SPA is distinguished rrom other SPA proposals that have been made or are under consideration within 0tay Ranch on the basis of the following key features and issues addressed: 2 '! l!j+ c.. - ,;)... Page 3, Item:1 f3,+{2 Meeting Date: lOll? 104 o Pro~"..ing S~h"r!111" nriv"n hy th" N""r! for High S~h()()l #11. In meetings on August 19, and December 16,2003 the City Council approved a work program and schedule for the Village 7 SPA designed to respond to the processing schedule of the Sweetwater Union High School District (SUHSD) to select a site for High School #13. SUHSD independently evaluated site alternatives and conducted environmental analysis for a site in the southeast quadrant of Village 7. On August 16,2004 the SUHSD Board certified a Final Environmental hnpact Report and selected the southeastern Village 7 site for acquisition as High School #13. By moving forward on an expedited schedule to complete the processing of this SPA application, City staff and the project applicants have prepared the necessary entitlement documents which will allow the private developers to extend public facilities and deliver a graded site to the SUHSD on a schedule to meet the District's needs. o SPA Pro.p"",,r! i. in r()mpli~nœ with th" G"n"rHl n"v"l()pm"nt Pl~n. Most SPAs processed within Otay Ranch have had some form of amendment to the GDP associated and processed with them. In the case of this SPA application, however, the land use, dwelling unit counts, road alignments and public facilities proposed by this application are intended to be fully compliant with the Otay Ranch General Development Plan as presently adopted. A more complete discussion and comparison of the SPA proposal with the GDP is found below. In addition, the areas contained within the proposed SPA approval are not among the 'areas of change' that have been studied as part of the City's present General Plan update. Thus, the SPA would also be compliant with the future General Plan, based on land uses being studied within the update. o Op"n Sp~~" ('".""nh"lt F,,~tllT" The primary distinction of Village 7 within the Otay Ranch General Development Plan is the requirement for a transitional open space feature to connect rrom the upper reaches of Wolf Canyon at La Media, through the middle of the village to an undercrossing at SR-125, leading to the Eastern Urban Center. The SPA fully realizes this objective, The generalized grading and landscape proposals within the SPA document demonstrate how this transitional open space feature functions and responds to the substantial grade differences between the end points at La Media and SR-125. o Ml1ltipl" Prop"rty Own"r P~rtidp~ti()n The Village 7 SPA has been produced out of collaboration between the two applicant-property owners. The result has been concurrent processing of the SPA and subdivisions within the two ownerships. A third property owner, the HomeFed (Otay Land Company), has been actively involved in team meetings and consulted during the SPA preparation process, and in turn has valuably contributed to resolving several issues related to final grades and alignments. In addition, SUHSD has had representation at meetings with the City and applicant teams, in order to facilitate understanding between the agencies as to the progress of their separate planning processes. o ('()n~l1rr"nt Proœ..ing During the processing of the SPA documents, work has proceeded and processing has been completed for two subdivisions comprising the SPA approval area. While 3 I; .' v·..... "<"-""" Page 4, Item:ß'l-t Meeting Date: 1011 ?!O4 not representing the usual linear planning process, the concurrent work has resolved a number of issues within all of the entitlements to produce a cohesive village and subdivision plan. The SPA rests on refinements due to the studies and analysis completed within the subdivision process. Further, concurrency has allowed discussion and review of the edges between ownerships. That line is formed by Magdalena. The horizontal and vertical alignment of the street has been selected to optimize the both the fit and the independent development capability of the two subdivisions. From the standpoint of the SPA, this resolves any concern that a theoretical match might not otherwise have occurred. o SPA Phn for ~ Portion of ~ Vi11~~" As mentioned previously, the Village 7 SPA proposes SPA-level approval for the majority, but not all, of the village. The proposed SPA would extend to the ownerships of the two applicant landowners. Residential dwellings and uses have been apportioned with the consent of the applicants. The remaining uses and facilities called out for Village 7 within the GDP are reserved for future applications and SPA-level entitlement processing. Considerable adaptability as to the particular location of uses has been retained in the proposed design. This will also accommodate changes that might be brought about by the amendment of the General Development Plan and the General Plan Update, both of which are currently in progress. o Réin"m"nt ofVi11~g" Pl~nning Prin";pl". Each new village within Otay Ranch has brought about refmement of the town planning principles. Much of the SPA, the Planned Community District Regulations, and the Village Design Plan for Village 7 are adapted rrom the previous approval of Village 6. Discussion of refmements to these regulations and concurrent processing of the subdivisions within the SPA area has resulted in very well planned village that continues the evolution of planning standards which has come to characterize the SPA's of Otay Ranch. Village 7 is comprised of pedestrian-ITiendly grid street system, a mix of innovative housing types making prominent use of alley access, private recreation areas, a functional and well designed open space corridor, and centrally located neighborhood park and school facilities. o VORT A(, ~ncl FAA ron.icl"r~tion.. Planning entitlements within Village 7 must accommodate the Federal Aviation Administration's VORTAC facility, in two ways. First, facilities and buildings may be subject to review based on their height and distance relationship rrom the facility based on Federal standards to maintain its operational capability. Secondly, grading for development and aesthetic purposes must account for appropriate transitions to natural grade within the VORTAC site, which in some instances will require real estate agreements between the project applicants and the FAA. Both of these matters have been addressed during the planning of the Village 7 SPA. Aside rrom the aesthetics of the facility as addressed in the EIR, the VORTAC has no impacts on the SPA development areas. 4 /. ,/1-"""- ,'L+L. ! Page 5, Item:~'l-G Meeting Date: 1 Oil? 104 RPgJJlntnry rnntpyt In October 1993, the City Council and County Board of Supervisors jointly approved the Otay Ranch General Development Plan/Subregional Plan (GDP) for the 23,000-acre Otay Ranch. The GDP, as adjusted for road alignments, authorizes 1,501 dwelling units in Village 7. The General Development Plan laid out the circulation system and defined the village boundaries for the Otay Valley Parcel including Village 7, centered on the "Village Concept". The GDP describes the Village Concept as mixed-use centers with opportunities for employment and shopping among other uses within the "Village Core" area and provides a rramework of design elements for each use. Village 7 was designed with the Village Concept as described in the GDP. No amendments to the GDP are proposed by as part of this application. On May 18, 2004 the City Council adopted an amendment to the GDP that provided for the processing applications on properties comprising less than the whole of a village under certain conditions. Pursuant to this provision, this Village 7 SPA application represents approximately 71 % of the total acreage of Village 7 as it is shown in the GDP. The reason and effect of consideration of a portion of Village 7 as a SPA is discussed below. The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian ITiendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded by single-family homes in the secondary residential areas outside of the village cores. The General Plan designates Village 7 as the location for a Village Core (VC), three schools (High School, Middle School and Elementary), an open space greenbelt and neighborhood park and residential uses and densities. For the portion of the village subject to this SPA, the particular uses and densities per the General Development Plan are listed below. A total of 1,204 dwellings are allocated to the portion of the village comprising the SPA application. VILLAGE 7 GENERAL PLAN AND GENERAL DEVELOPMENT PLAN LAND USES Chula Vista General Plan Land Otay Ranch GDP No. of Units Existing Land Municipal Use Designation Land Use Use Code/Zoninu Desiunation PC Low-Medium Low-Medium 1,053 Units Vacant Village Village (3-6 Units/Acre (4.9 Units/Acre PC Village Core Medium-High 448 Units Vacant 13.7 Units/Acre PC Parks and Recreation Parks and N/A Vacant Recreation 5 ï 64!~ ~ Page 6, Item: 7ffiC Meeting Date: lOll? /04 PC Elementary School Elementary N/A Vacant School PC Middle School Middle School N/A Vacant (Junior High School) (Junior High Schoo!) PC Hi¡¡h School Hi¡¡h School N/A Vacant Otay Ranch is zoned Plarmed Community (PC), similar to the other master planned communities of the Eastern Territories. This zone sets forth the requirement to prepare a SPA consistent with a General Development Plan and other regulatory provisions. As such, applicable land development regulations are contained in the Planned Community District Regulations within each master planned community SPA Plan along with a zoning boundary map, which designates a zone for each neighborhood. The Village 7 SPA Plan Zoning Districts Map (Exhibit II.3.6. in the SPA Binder) identifies the individual zoning districts for the Village 7 SPA area. DISCUSSION: Thp Sprti()nnl Plnnning Arpfl Plnn The Sectional Planníng Area (SPA) Plan for Village 7 defines, in more detailed terms, the development parameters for the village, including the land use mix, design criteria and guidelines, circulation pattern, open space and recreation concept and infrastructure requirements. The plans for Village 7 are contained in a series of documents, including: 1) SPA Plan; 2) Plarmed Community District Regulations; 3) Village Design Plan; 4) Public Facilities Finance Plan; 5) Affordable Housing Plan 6) Air Quality Improvement Plan; 7) Water Conservation Plan; 8) Non-Renewable Energy Conservation Plan, and 9) Parks, Recreation, Open Space and Trails Plan (see Otay Ranch Village 7 SPA binder). SPA Ohj""tiv". ~nr1 G"n"r~l (,rit"ri~ The GDP policies for Village 7 identifY the village as an Urban Village adjacent to existing urban development and planned for transit-oriented development with higher densities and mixed uses in the village core. The GDP singles out a greenbelt corridor connecting Wolf Canyon to the Eastern Urban Center and Salt Creek beyond as being a unifYing feature of Village 7. This corridor is not only to provide a through connection, but it is also to serve as an integral element of the Village Core. Elsewhere in the GDP, a criteria for design of the corridor establishes that it average 200 feet in width. Meeting this descriptive policy and criteria has been the centerpiece of the Village 7 land plan. Physical constraints in the design have included: IJ Fixed end point and elevation at the western end of the corridor, at the La Media upward of the end of Wolf Canyon; IJ Fixed end point and elevation at the eastern end of the corridor, at the undercrossing of SR- 125 to the Eastern Urban Center; 6 ,...¡ i."t'/ ...- Page 7, Item:]þ '+ G Meeting Date: 10/1? 104 o Matching slopes of the greenbelt to the VORTAC site, which is not proposed for development at this time; o Addressing drainage and water quality issues; o Providing appropriate integration between the greenbelt and the Core of the village. These challenges have been met in the design of the greenbelt. It greatly exceeds the 200-foot average width criteria. It transitions in thirds rrom west to east: o La Media to Magdalena segment -- A wide canyon-like open space with a regional trail and connecting trails, with planting selected to transition rrom the natural Wolf Canyon to the west. o Magdalena to Pletcher Way -- A more intensely planted and maintained greenbelt incorporating water quality features. This segment rronts on the Village 7 neighborhood park, allowing direct access rrom the greenbelt and the regional trail system to the heart of the village via a City park. o Pletcher Way rrontage to SR-125 - This segment comprises a promenade walk adjoining a landscaped slope. It extends the regional trail into the heart of the Eastern Urban Center. The proposed SPA also locates two of the three Village 7 schools, the high school and the elementary school. The high school is situated to the south of a Village Core loop road. The position of the site within the SPA is consistent with the preferred alternative selected by the Sweetwater Union High School District. It is positioned within the village to provide an appropriate separation rrom main entrances and facilities on the high school site, per GDP criteria. The elementary school lies within the loop road, adjoining the neighborhood park. The Village Core seeks to address the two criteria set forth in the GDP description for Village 7, that it (l) be central to the village and (2) appropriately transition to the Eastern Urban Center. Using the elementary school/neighborhood park as the central feature of the Core, the plan provides for multi-family housing along the eastern edge of the village, north of the high school. This provides direct connection for these dwellings to the core public facilities and greenbelt, an upward step in building scale nearest the Eastern Urban Center and allows them to be designed to buffer effects of the SR-125 rrontage. Other Village Core uses are reserved for future SPA proposals, and portions of the village lying adjacent to the core facilities planned in this SPA will allow expansion of the core per the current adopted GDP. The remaining areas of the SPA are comprised of detached dwellings in clusters or on single lots, These development areas make use of grid street systems and numerous alleys to provide connectivity and pedestrian amenity. Access to the village greenbelt corridor is provided at many points, not only at public park and the crossing points of La Media, Magdalena and the loop road, but also at numerous termination points of promenades and cul-de-sacs. The private access points also serve the function of breaking up the building rrontages on the open space corridor. Analysis: The land use plan for Village 7 is consistent with the GDP goals and objectives 7 i "-' ."""-.....-.--"'----...--.-..- Page 8, Item:lß"'G Meeting Date: 1 Oil? 104 for the Village Concept. A complete analysis of GDP standards and compliance analysis are found in the SPA binder at page II.2.8-1. The open space greenbelt exceeds the standards and criteria set forth in the GDP. Highest densities extend the village core to an appropriate transition with the Eastern Urban Center, and all of the community services are centrally located. Schools are appropriately situated and accommodated. At total of 1,204 dwelling units of the 1,501 authorized in the Otay Ranch GDP are utilized under the Village 7 SPA Plan, maintaining a reserve allocation for lands not contained within the SPA proposal. The Village 7 Planned Community (PC) District Regulations function as zoning regulations for the village. The PC District Regulations provide standards and regulations to guide the development of the Project. These regulations are applied in conjunction with the Village 7 Design Plan. SPA R"<icf,,nti~1 n"v"l()pm"nt PT()p()<~1 A total of four single-family residential neighborhoods are proposed, in whole or part, to contain 756 single-family residences ranging rrom 4.2 to 7.4 units per acre. In addition, three multi-family developments, provide an additional 448 dwelling units, which range rrom 7.6 to 15.4 units per acre. These multi-family developments will incorporate a variety of housing types including alley-product homes, and site areas for townhouses, condominiums and apartments. The following table illustrates a summary of the residential land uses in Village 7. LAND NEIGHBORHOOD USE ACREAGE TARGET DWELLING AREA DU'S/AC UNITS R-l SF 50.7 6.8 346 R-2 SF 50.5 7.4 375 R-3 SF 5.3 4.2 22 R-4 SF 3.1 4.2 13 SUBTOTAL SF 109.6 6.9 756 R-5 MF 17.4 7.6 132 R-6 MF 12.5 15.4 193 R-7 MF 8.0 15.4 123 SUBTOTAL MF 37.9 11.8 448 TOTAL RES. 147.5 8.2 1.204 Analysis: The single-family and multi-family residential components of the land use plan in Village 7 are designed to provide a variety of housing types, lot sizes and densities consistent with the goals and objectives of the GDP as well as the Housing Element of the City's General Plan. The Planned Community District Regulations contain detailed requirements for the Zoning Administrator Site Plan 8 ¡ ,~. I '-- , ...,- :.- Page 9, Item:1ßq Û Meeting Date: 1 Oil? 104 and Architectural Review, and for the Design Review Committee for multi-family projects. The regulations will ensure that all of Village 7 is built in accordance with the principles and other criteria contained in the Village Design Plan. SPA ('ommllnity PlIrpO'" F"ciliti", Propo,"l. The Village 7 SPA is obligated to provide Community Purpose Facilities (CPF) pursuant to the Planned Community Zone of the City Zoning Ordinance. The PC zone requires 1.39 acres of CPF land per 1,000 persons. The Village 7 SPA shows accommodation for 2.8 acres, most of which is contained in two private parks in the midst of the single-family neighborhoods. The remaining CPF obligation is in the reserved portion of the Village, or represents carryover rrom excess acreage provided in Village 6. Additional CPF acreage is in the reserved portion of the Village, and provides opportunity for a larger aggregated site within the town center area. The town center and this CPF acreage will be subject of a later phase of SPA approval. Analysis: In previous SPAs, staff has reviewed the permitted use of a "Recreational Facility" authorized in the CPF Ordinance of the Planned Community (PC) Zone, and has determined that the privately maintained recreation facilities qualify as a CPF land use. The recreational facilities shown on the SPA plan conform to this standard. SPA Scno"l, ProPO'"J.. A high school will be located at the southeast portion of the village. Sweetwater Union High School District has selected this location as appropriate to the future service area for Otay Ranch and meeting all State and District locational criteria. The Village 7 SPA sets forth a system of roads and connections that will allow the high school to open and operate in time to meet needs projected by the District. Consistent with the SPA, initial connection for the school would be provided by road extensions southward rrom Birch Road, via La Media and Magdalena. Other General Plan-designated routes, including Rock Mountain Road, will ultimately serve the high school site. The Village 7 SPA designates abutting uses to the north of the high school as multi-family (adjacent and abutting SR-125) and elementary school (across the loop road). An elementary school is designated for an I 1. I-acre site within the Village Core. The site is bounded by Magdalena and the loop road, which together provide a number of options for design and access. From the loop road via Pletcher Way, access could be provided if the service area of the elementary school were to include a portion of the Eastern Urban Center. The school site abuts the neighborhood park. A pedestrian-oriented design theme is the main component for Village 7, consistent with the goals and policies of the Otay Ranch GDP. As such, the location of the elementary school in the Village Core and routes via sidewalks and trail connections will provide safe pedestrian access to that facility, Analysis: An elementary school and high school are provided for in the Village 7 SPA, The schools are consistent with the goals and objectives of the GDP 9 ì¡ e;1 -I , Page 10, Item: 7ß"C Meeting Date: lOll? /04 SPA (';r~lIbti"n Prop"."1.. The Village 7 Circulation Plan is shown in the SPA Binder, Attachment #5 - Exhibit II.2.2.2-3. The plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Project. The Village 7 SPA provides three points of entry to the village, as initially proposed by the ORGDP for the portion of the village subject to the SPA. These are at Birch Road on the north and La Media on the west. A third access point, via an undercrossing at SR-125, does not provide arterial access, but rather provides routing directly to the Eastern Urban Center. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. Internal street connectivity is the prime consideration for a well-balanced circulation pattern for the village. Connecting major internal streets to the Village Core is also a primary goal for the land use in the village, Within Village 7, however, there is also reason to minimize road crossings of the greenbelt open space. Magdalena will serve as the primary backbone of this connection, bisecting Village 7 rrom north to south and crossing the greenbelt. A loop road provides rrontage connection rrom Magdalena to all of the uses in the eastern half of the village. Several connection points rrom the various residential neighborhoods tie to Magdalena and the loop road, providing numerous route alternatives within internal grid of neighborhood streets. Within the neighborhoods traffic calming design has been proposed. Neckdowns promote low speeds for vehicles and present a superior design solution for typical streets, and are employed at key locations within the R-l neighborhood. The R-5 and R-2 neighborhoods make use of alleys to allow for narrower streets. Analysis: The points of access for the SPA are consistent with that shown for Village 7 in the GDP. Internal streets provide connectivity throughout the village. All of the prominent circulation streets within the village are connected to the Village Core. SPA Tr"n.it Prop"."l. The proposed Transit Plan for Village 7 consists of bus stops based on "Green Car" and "Blue Car" service concepts created by the Metropolitan Transit Development Board (MTDB), which coordinates operation of transit services for the City with Chula Vista Transit. The Green Car represents local circulators using mini to mid-size buses. The Green Car would act as a collector and provide feeder access to Blue Car (metropolitan buses) and/or Red Car concepts (bus rapid transit) in other villages of Otay Ranch. Although not a transit function per se, a considerable daytime population of the high school will be served by the buses of the Sweetwater Union High School District, under its own service plan. Analysis: The Applicant has prepared a conceptual Transit Plan for Village 7 consistent 10 " ' 'II'~ , t :^ ''1 '-..- l ,..,.F , ~ Page 11, Item: 7£;:"<C Meeting Date: 1011 )104 with the requirements of the SPA Plan and the policies of the GDP. Several transit stops are located within Village 7. Plnnnpd rnmm1Jnity niç:trirt Rpg1Jlntinnç: The Planned Community District Regulations are proposed to be adopted by ordinance as the zoning regulations for Village 7. These regulations set the development and land use standards for all property within the village for setbacks, building height, parking, landscape, lot sizes and sign regulations. These regulations contain the standards that implement the pedestrian orientation goals and design guidelines for the village. The primary update from previous regulations are to reflect modifications made to the sign program, achieve consistency with the Citywide sign regulations approved earlier this year. Analysis: The standards for Village 7 are modeled on those that were adopted for Village 6, with refinements that continue to occur upon the adoption of each of the succeeding Otay Ranch SPAs. V¡llqgJ' np<ign Plan The Village 7 Sectional Planning Area (SPA) Plan and supporting Village Design Plan implement the design guidelines rrom the GDP "Village Concept" and the GDP Overall Design Plan. The Village 7 Design Plan provides more detail and identifies the procedures for implementation for the village. The design elements identified reflect the policies from the GDP but are more location-specific. The GDP discusses the Village Concept for Otay Ranch and establishes the following policies for the "Core" area - the heart of each village: · Establish a unique character and sense of place within each village; and, · Land uses, roads and buildings shall be designed and located to encourage walking between uses and foster a pedestrian scale; and, · Encourage a pedestrian-ITiendly village environment through the use of amenities such as: shade trees, street furniture, on-street parking, buildings fronting the streets, narrow streets, reduced design speeds, visible landmarks, entries and porches facing the street, commercial areas with decreased setbacks, plazas and courtyards in commercial areas and multi-modal circulation systems. The theme for Village 7 is centered on a "California Heritage" architectural design concept, which will be implemented through the design criteria described in the Design Plan. In addition to neighborhoods and private buildings, the theme will be applied to landscape and architectural elements ranging rrom Village Entry monuments to park structures. 11 - Ii Analysis: Page 12, Item:ß"C Meeting Date: 1 011 ? /04 The design theme for Village 7, which focuses on a "California Heritage" architectural rramework for its community buildings in the village core, is detailed in the Village 7 Design Plan. This document describes the design requirements for the entire village, consistent with the policies of the Otay Ranch GDP. The purpose of the guidelines in the Village 7 Design Plan is to guide the design of site plans, architecture and landscape architecture within the Project area. The residential design guidelines for Village 7 were prepared utilizing the Village 6 SPA development as a base. The Applicant has added design features that promote pedestrian orientation including; increased requirements for porches and other seating areas in single-family homes, as well as limited garage-oriented single-family homes. PllhNr Pnrilitip~ Ji'innnrp Plnn The Village 7 SPA is accompanied by a Public Facilities Finance Plan (PFFP), which implements the standards and policies for inrrastructure improvements and demands for public service. The Village 7 PFFP describes in detail the public facilities that are required for the development of 1,204 dwelling units for the village, and analyzes the phasing and thresholds for development. The intent of the PFFP is to ensure that development phasing of the village is consistent with the requirements of the City's General Plan for required public facilities and infrastructure, as well as compliance with the City's Growth Management Ordinance. Public facilities and inrrastructure such as water supply, sewer service, storm and drainage systems and roads and streets are analyzed in the development of the village. Other public facilities and services that are required to support the village include schools, childcare facilities, police, fire and emergency services, and library services and other social services. These services are also included in the analysis. The PFFP also evaluates the demands on public facility services based on the estimated village population and phasing of development. The portion of Village 7 subject to the PFFP and SPA are proposed to be developed in three concurrent phases, allowing for construction of necessary inrrastructure and service to the planned high school site. A primary consideration in facilities timing has to do with traffic capacity within Otay Ranch and the opening of SR 125. Prior to the opening of the highway, turning volumes at the intersection of Magdalena at Birch Road will require an internal limit on residential building permits, pending the student population of High School #13, the extension of La Media southward to provide a second entry and the progress toward completion of the toll highway. Analysis: ,. The Village 7 Project has been evaluated for implementation of public facilities, public services and inITastructure through the Village 7 Public Facilities Finance Plan. The Project has also been analyzed to ensure compliance with the City's Growth Management Ordinance. Thresholds have been established to require the Applicant to provide inrrastructure improvements as the village is built out, or 12 if "~ Page 13, Item:'? 6<¥C- Meeting Date: 10/1 ?/O4 limit development pending certain future improvements not completely within the developer's control. Standards adopted by City Policy require that the Project be analyzed to determine whether the approval of the project, as conditioned, will have an adverse impact on the City's adopted threshold standards. The fiscal analysis conducted as part of the Village Eleven PFFP indicates that the village will generate a surplus until the third phase when the majority of the multi- family units are constructed. Lower density multi-family development tends to generate more costs than revenues. When the 50% property tax split is assumed, the Fiscal hnpact of New Development (FIND) Model projects that the deficit is covered. In addition, the Village Eleven SPA conditions of approval require the village to participate in the Otay Ranch Reserve Fund, which has been established to fund the update of the FIND Model and to reduce any deficit generated by the development of the Otay Ranch. There will not be a deficit under current conditions or in the future. A review of the FEIR, Village 7 PFFP and other supporting Village 7 SPA documents provide evidence that the project is consistent with the adopted threshold standards of the City including the Growth Management Ordinance. An analysis of thresholds is contained in the environmental document EIR -04-06 and the Village Eleven Public Facilities Finance Plan (PFFP). Affnrdnhlp Hn1l<in.g Plnn Consistent with the requirements of the General Plan's Housing Element and the Otay Ranch- wide Affordable Housing Program, the Village 7 SPA is required to provide affordable housing opportunities through the obligation of moderate and low-income housing in the village. A separate Affordable Housing Plan has been prepared with the Village 7 SPA Plan, which requires a subsequent agreement between the Applicant and the City. Ten percent of the dwelling unit total must be developed as affordable housing. The Village 7 SPA requires 120 dwelling units to be dedicated to affordable housing. Half of the 120 units must be low-income, the Applicants must therefore provide 60 low-income dwelling units. A portion of Village 7 is subject to a previous affordable housing transfer concept which involves transferring units among Villages 6, 2 and 3. Within Village 7, this agreement would apply to 375 units. The remaining 829 units represent a relatively small number of dwelling units to be covered by a SPA. Further, only a portion of the village is subject to the present SPA approval, necessitating future SPA amendments and opportunities for affordable housing locations. Therefore, in order to meet the requirement of the earlier transfer provision and respond to the constraints of the remainder of the village, the affordable housing plan includes a provision allowing transfers to be proposed. 13 .' '. Analysis: Page 14, Item: 7ß<iC Meeting Date: 10/1? /04 The Applicant is obligated to satisfY its Affordable Housing Program requirements for Village 7. Ten percent of the 1,204 dwelling units in the Village 7 SPA will be provided to moderate and low-income families. The Village 7 Affordable Housing Plan identifies a number of options to best Applicants' obligations. This plan complies with the requirements and policies of the Otay Ranch-wide Affordable Housing Program and the General Plan's Housing Element. The Applicant will be required to enter into a separate subsequent agreement with the City to ensure implementation of the affordable housing units. Air (J1Jnlitylm£nrnvpmpY1t Plan In 2000, the City Council adopted the Carbon Dioxide (C02) Reduction Plan, which included implementation measures regarding transportation, energy efficient land use planning and building construction measures for new development. Subsequently, in 2003, specific standards were adopted for inclusion in future development proposals. One such standard requires the preparation of Air Quality hnprovement Plans. Analysis: The Air Quality hnprovement Plan contained within the SPA binder complies with the standards adopted by the City Council, and outlines the improvement elements that will be included in future project design. Wnfpr rnn~p.n)ntinn Plan The City has developed guidelines for the preparation and implementation of Water Conservation Plans for each of the new planned communities in the City. The City's effort to develop guidelines for the preparation of a Water Conservation Plan is consistent with the goals and objectives of the Otay Ranch GDP. This effort involved a pilot study to evaluate the relative effectiveness associated with the implementation of additional water conservation measures beyond those previously mandated in the Otay Ranch. Analysis: The SPA documents contain evaluation and listing of technical water saving devices, as well as expanded use of recycled water. The Water Conservation Plan contained within the SPA binder complies with the standards adopted by the City Council, and outlines the improvement elements that will be included in future project design. Nnn-Rpnp1AJnh¡p Rnprgy rnnç:prvnfinn Plan The Otay Ranch GDP requires a Non-Renewable Energy Conservation Plan for each SPA to address energy conservation within each village. This plan identifies the most feasible measures to reduce the consumption of non-renewable energy through land use and community design, 14 r-'t ) r- , '-r' ',,,,,'0 ! '-1 Page 15, Item: 7e/'C Meeting Date: lOll? /04 transit facilities and alternative transportation modes, building siting and construction techniques. Transit-oriented development and pedestrian-ITiendly design of the village core are methods to reduce energy consumption. Analysis: The Non-Renewable Energy Conservation Plan contained within the SPA binder complies with the standards adopted by the City Council, and outlines the improvement elements that will be included in future project design. Pnrkr;: Rprrpntinn Trnil", nnd nnpYI Sl'nrp . The greenbelt corridor provides the most significant open space feature of the Village 7 SPA. It connects to several villages in the Otay Ranch, including Village 4 and the Eastern Urban Center. It crosses the Village and contains a Regional Trail facility. This greenbelt provides an open space design feature, and also greatly contributes to recreation by providing an extension and connection serving the larger Otay Ranch community. Consistent with the goals and objectives of the Otay Ranch GDP, the Village 7 SPA land use plan incorporates a 7.0-net acre public neighborhood park as a central element. In addition, additional private (HOA) recreational facilities for the Village 7 in neighborhoods R-l, where a 1.1 acre facility will be located and R-2, which will be served by a 0.7 acre facility. Recreation facilities through the SPA area will be connected by a network of promenade streets, village pathways on backbone streets, connecting trails within the residential neighborhoods and regional trails within the greenbelt. Consistent with the requirements of the Otay Ranch Resource Management Plan, the Village 7 Project must convey land to the Otay Ranch Preserve. The development of one acre of land in Otay Ranch requires a dedication of 1.188-acres of land to the Otay Ranch Preserve with the approval of each Final Subdivision Map. Analysis: A 7-acre net public neighborhood park across rrom the elementary school in the village core is in a centralized location within the village. Community park acreage would be provided off-site in accordance with the park fee program. In addition, two private recreational facilities totaling 1.8 acres will serve Village 7 neighborhoods R-l, and R-2, at points farthest rrom other recreational opportunities. A greenbelt meeting all of the objectives of the GDP, as discussed above, will provide a substantial open space and recreational opportunity, adjoining the Village Core. Additional open space is provided throughout the village. The requirement of land conveyance in the Project to the Otay Ranch Preserve is consistent with the requirements of the Otay Ranch Resource Management Plan. 15 ;.~ ~" ....<^ .' 1 ''-" Page 16, Item1 f7.L- Meeting Date: 1011 ?!O4 The system, which includes parks, recreation, trails, and open space that are provided in Village 7, complies with the policies, goals and objectives of the Otay Ranch GDP and Resource Management Plan. CONCLUSION: The Village 7 SPA proposed land uses and development intensities directly implement the provisions of the Otay Ranch General Development Plan as amended. All designated public facilities are located within the areas designated by the General Development Plan, and the permitted density and land use intensities are those prescribed therein. Staff has concluded that the Otay Ranch Village 7 SPA Plan, described and evaluated in this report, is consistent with the policies in the adopted Otay Ranch General Development Plan and City of Chula Vista General Plan. Staff recommends approval of the Village 7 SPA Plan and related documents. A ff::¡r.hm~ntc;;:. I. Locator Map 2. Planning Commission Resolution No. PCM-04-05 3. Planning Commission Minutes of September 22, 2004 4. Village 7 SPA Plan (Binder) H:ICOMMDEVlJimHIVillage 7CC 1 012041FinalslCC _ STFRPT V7SPAFinal.doc1 0/06/2004 16 r-\ ¡_ II ..-- Freewav Commercial ) ..,~ \,~ ~~ . \~ '-PROJECT 1- ~ LOCATION ß.!Ç, otav Ranch HIÇlh School C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJEcr McMillin Otay Ranch, LLC PROJECT DESCRlP'I1ON: C) API'I.JCAtŒ Otay Project LP SECTIONAL PLANNING AREA PLAN PROJECT Village 7 IMPLEMENTING TENTATIVE MAPS ADDRESS; Request Tho ImpIemenIIIIian of Ihe VlIage 7 SPA Plan and TanlaUva SCAI.£; FIlE NUMBER; Map ror a por1Ion 01 VlIaga 7. NORTH No Scale PCM-04-0S RelaIBd casas: EIR.Q4.00, ~7, p~ J :\plannlng\carlos\locators\pcm0405.cdr 08.30.04 .I¡>' i '....-' ! ,,./ .r "' / Arr¡t¡C-tfM (¡ArT z... RESOLUTION NO. PCM-04-05 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED) COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN FOR OTA Y RANCH VILLAGE SEVEN. WHEREAS, a duly verified application were filed with the City of Chula Vista Planning Department by general McMillin Otay Ranch LLC and Otay Project L.P. ("Applicants"), requesting approval of the Village Seven Sectional Planning Area (SPA) Plan and associated regulatory documents, Planned Community District Regulations. The SPA Plan also includes the Design Plan, Public Facilities Finance Plan, Air Quality hnprovement Plan and Water Conservation Plan. Also two Tentative Subdivision Maps ("Project"); and, WHEREAS, the area ofland which is subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Village Seven, and for the purpose of general description herein consists of approximately 303 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Birch Road, La Media Road, and Rock Mountain within the Otay Ranch General Development Planning Area ("Project Site"); and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 {"GDP Resolution") and on May 18, 2004 by Resolution No. 2004-165, wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Program Environmental hnpact Report No. 90-01, SCH #9010154 {"Program FEIR 90-01 "); and, WHEREAS, the Environmental Review Coordinator has reviewed the project and determined that the Project would result in a significant impact to the environment, therefore, an Environmental hnpact report has been prepared; and, WHEREAS, the Planning Commission found that the Final Environmental hnpact Report (Final EIR-04-06) had been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning Commission found that the Project impacts will be mitigated by adoption of the Mitigation Measures described in the Final Environmental hnpact Report (Final EIR- 04-06), and contained in the Mitigation Monitoring and Reporting Program which is designed to ensure that the during Project implementation, the Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, ~! ¡ ., . WHEREAS the Planning Commission having received certain evidence on September 22, 2004, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCM-04-05 herein, and recommended that the City Council approve the Proj ect based on certain terms and condition$; and, WHEREAS, the Planning Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 22, 2004, 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 Planning Commission has determined that the approval of the Village Seven Sectional Planning Area (SPA) Plan (PCM 04-05) and associated regulatory documents, Plarmed Community District Regulations are 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 the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan (PCM-04-05) and supporting regulatory documents, Plarmed Community District Regulations, and Design Plan, involving approximately 303 acres of land known as "Otay Ranch Village Seven" located in the central portion of the Otay Valley Parcel, between the future alignments of La Media Road, Rock Mountain Road and SR125, and Birch Road in accordance with the [mdings contained in the attached City Council Resolution and that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of September, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: Cortes, ABSTENTIONS: Madrid, O'Neill, Hall, Horn, Castaneda Felber ~~~~ Vicki Madrid, Vice Chair ATTEST: ~~ Diana Vargas, ::¡etary H:\COMMDEV\JimH\092204PCV7\V7 PCM-04-05 Planning commission Resolution .doc ,Ii j"-"i i 1,°.___ - .1 I i MINUTES OFTHE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, September 22, 2004 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALLi MOTIONS TO EXCUSE: Present: Absent: Madrid, Hall, O'Neill, Castaneda, Hom Cortes, Felber Staff Present: Jim Sandoval, Director of Planning and Building Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager Jim Hare, Deputy Redevelopment Director Marni Borg, Environmental Projects Manager John Mullen, Deputy City Attorney III PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid ORAL COMMUNICATIONS: Sunny Chandler, 442 F Street, Chula Vista, addressed the Commission and stated she was concerned with wanton spending and inquired why, what appears to be a perfectly good City Hall building is being demolished. Steve Molski, stated he had two issues to address; the first one being that he is opposed to putting residential development on the Bayfront. Secondly, he would like to see a concerted effort to repaving of the older streets in western Chula Vista. 1. PUBLIC HEARING: EIR 04-05; Close of Public Review Period for the Españada Environmental Impact Report. A verbatim transcript has been prepared of the public testimony and is available under separate cover. 2. PUBLIC HEARING: a. Consideration of the Final Second Tier Environmental Impact report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area (SPA) and Tentative Maps. ¡¡ ¡...) C' / i;,_.~) Planning Commission Minutes - 2 - September 22, 2004 b. PCM 04-0S; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving approximately 303 acres between the future extension of La Media Road and the alignment of SR-12S, south of Birth Road, within the Otay Valley Parcel. c. PCS OS-09; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. d. PCS OS-07; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. Jim Hare, Deputy Redevelopment Director reported that McMillin Otay Ranch LLC submitted an application requesting approval of a new Sectional Planning Area (SPA) Plan associated regulatory documents for Village 7. Additionally, Otay Project LP submitted and application for a subdivision comprising 105 acres of Village 7 of Otay Ranch, while concurrently, McMillin Otay Ranch LLC submitted an application for a subdivision comprising 163 acres of Village 7 of Otay Ranch. Mr. Hare presented an overview of the proposals as submitted in the staff report. Marni Borg, Environmental Projects Manager reported that in accordance with CEQA requirements, a Second Tier EIR, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program have been prepared for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Ms. Borg gave an overview of the content of the Final EIR and stated that the Final EIR contains responses to comments received during the public review period. Staff Recommendation: That the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails ii, , ¡ ,. ;' f...- 4 Planning Commission Minutes - 3 - September 22, 2004 Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and . Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: Cmr. Hall stated that a lot offaith has been put into the success of SR-125, and it has been his experience in speaking with people, that although studies may show the road will be used, the average citizen feels that the toll is going to be a disincentive to its use. Cmr. Hall further inquired if there was another alternative, or mechanism in place that ensures that construction is halted if SR-125 doesn't work and the major arterials are over-loaded. Dino Serafini, General Services Engi neering Division stated that all of the SAN DAG traffic models he has seen show that with the completion of SR 125, the traffic on the arterials that feed into SR-125 are reduced. Mr. Serafini also stated that the GMOC process has thresholds in place and is a means by which to gauge how construction is impacting traffic and roadways. Worst case scenario; should it be determined that they've reached unacceptable levels, the City Council would have the option of imposing a building moratorium. Jim Sandoval clarified that the GMOC is an annual process that measures, among other things, traffic. Furthermore, there are several villages and commercial development yet to be constructed and it takes a couple of years for each of these villages to build-out, therefore, we're not going to see much development between now and October 2006 when SR-125 is scheduled to open. Worst-case-scenario, if after a year or two after SR- 125 opens, the GMOC threshold is reached, then at that time, the City Council would have to make a determination as to what happens in terms of future development. Cmr. Castaneda inquired what is the remaining number of units yet to be constructed before reaching the 8,990 unit cap. Mr. Serafini responded that approximately 2/3 of the units are left to be built. The components (I-80S/Olympic, H Street and Telegraph Canyon) of the monitoring agreement is not complete until these three traffic enhancements are completed. Cmr. Castaneda further asked what was the process for revising the threshold standards. Mr. Serafini responded that he was not aware of any process for doing that. ~...- I ! ~ Planning Commission Minutes - 4 - September 22, 2004 Cmr. Castaneda stated that he recalls this being a topic of discussion a while back, and that there is a provision in the environmental document that states that if the City Engineer were to determined that the levels of traffic or congestion were either resolved or insignificant, then he could allow the thresholds to be changed. Cmr. Castaneda also recalls that if any changes were to occur to the existing thresholds, it would require a public hearing in order for this to be done. Mr. Serafini responded affirmatively that that is still the case. Furthermore, there is a condition of approval in the mitigation measures which states thatthe City will not allow any units to be built in Village 7 until SR-125 is constructed between SR-54 and the international border. Cmr. Hom stated he was actively involved, co-chairing the efforts to bring SR-125 to fruition. He further indicated that in spite of knowing that this would be a toll road, there was a lot of support from the community for the construction of this roadway. Cmr. Hom stated that ridership on SR-125 is critical to future development since it is envisioned to bring traffic relief and avoid overloading other major arterials, therefore, he put forth the idea that perhaps the developer would be willing to purchase the pass/transponder for the toll road for new home-buyers. Public Hearing Opened. Kathy Tanner, Sweetwater Union High School District, stated she was present to express their support for the Otay Ranch Village 7 SPA Plan because this completes another step in the process for opening High School #13 in July of 2006. She urged the Commission's approval of the plan. Todd Galarneau, McMillin Company, acknowledged staff's efforts and hard work on this project. Mr. Galarneau stated that the need for a new high school in the Otay Ranch came up in the Spring of 2003 when the City was holding the high school siting committee hearings. During those hearing the McMillin Company offered to deliver a high school site complete with utilities and infrastructure if the City could expedite the SPA Plan for Village 7. Over the last 15 months they worked extremely hard with City and District staff to development the SPA Plan and Tentative Map that is before the Commission this evening. Mr. Galarneau further stated that, had it not been for the extraordinary and continuing effort and commitment to achieving that goal, this SPA Plan would not be on schedule and before the Commission at this time. Mr. Galarneau wished to clarify the condition stating that Village 7 does not get any building permits until SR125 is built all the way down to the international border. Mr. Galarneau indicated, however, that this condition is caveated to allow them to take advantage of a couple of opportunities. One is; if there is an early opening of SR125 to Olympic Parkway, and they can provide a traffic study that demonstrates that it does ~-'\ 'j , ' ~, - - Planning Commission Minutes - 5 - September 22, 2004 provide the necessary traffic relief on the arterials, then they would be able to request building permits. Secondly, if other alternative measures were to be identified by the City, i.e. additional improvements that might provide additional capacity, changes to the GMOC thresholds, or subsequent building agreement; if anyone of those measures were to come up, then they would have the ability to take advantage of those as would any other development coming in. This would not preclude them from opportunities that are available to others, just because McMillin is coming in early in the process. Public Hearing Closed. MSC (O'Neill/Horn) (5-0-2-0) that the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Motion carried. ADJOURNMENT at 9:35 p.m. to the Planning Commission meeting of October 13, 2004. Diana Vargas, Secretary to Planning Commission 1~ , 1(",;,-- , - . .....~- ¡ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN (PCM 04-05) WEST OF THE FUTURE SR-125, SOUTH OF BIRCH ROAD, EAST OF LA MEDIA ROAD, AND NORTH OF ROCK MOUNTAIN ROAD. WHEREAS, the property which is subject matter of this Resolution is identified as Exhibit "A" attached hereto and commonly known as Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, and for the purpose of general description herein consists of approximately 303 acres located west of the future SR-125, south of Birch Road, East of La Media Road, and north of Rock Mountain ("Project Site"); and, WHEREAS, an application for adoption of the Otay Ranch Village Seven Sectional Planning Area Plan (SPA) Plan, was filed with the City of Chula Vista Planning Department on September 2, 2003 by the McMillin Otay Ranch, LLC, later joined in that application by Otay Ranch Project L.P. (together, "Applicants"); and WHEREAS, the application requests consideration of a Sectional Planning Area (SPA) Plan, and supporting regulatory documents including Planned Community District Regulations, Design Plan, Public Facilities Finance Plan, Air Quality hnprovement Plan, Non-Renewable Energy Conservation Plan and Water Conservation Plan for 303 acres known as "Otay Ranch Village Seven Sectional Planning Area (SPA) Plan" located in the central area of the Otay Valley Parcel, west of the future SR-125, south of Birch Road, East of La Media Road, and north of Rock Mountain Road; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 04-06) has been prepared; and, WHEREAS, the Planning Commission finds that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Final Environmental hnpact Report (FEIR-04-06), and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Applicants, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Seven Sectional Planning area Plan (SPA) Plan (PCM-04-05) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, f' " I >,., -,I WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Proj ect and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations for Otay Ranch Sectional Planning Area Plan, namely 6:00 p.m. October 12,2004; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 22, 2004, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, and those documents identified in Public Resources Code Section 2]]67.6, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II, COMPLIANCE WITH CEQA The environmental impacts associated with the Village Seven Sectional Planning Area (SPA) Plan have been analyzed in the Final Environmental hnpact Report (FEIR) 04-06. The City Council finds that the FEIR 04-06, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code of Regulations, Title 14, section 15000 et seq" and the Environmental Review Procedures of the City of Chula Vista. The City Council furthers finds that the FEIR 04-06 reflects the independent judgment of the City Council of the City of Chula Vista. III. ACTION The City Council hereby approves the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting regulatory documents including, Design Plan, Public Facilities Finance Plan, Air Quality hnprovement Plan, Non- Renewable Energy Conservation Plan and Water Conservation Plan involving approximately 303 acres of land known as "Otay Ranch Village Seven Sectional Planning Area (SPA) Plan" based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development \-'/' ,\".J, ii', 1,)"1 '"""" ,..., 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. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council incorporates herein as conditions of approval all applicable mitigation measures as set forth in Final EIR 04-06. V. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP FEIR-90-0l and Otay Ranch Village Seven Sectional Planning Area (SPA) Plan Final Environmental hnpact Report (FEIR 04-06) adopted thereto, adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168 (e)]. VI. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Village Seven Sectional Planning Area Plan for the following reasons: A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL PLAN. The Village Seven SPA Plan area of Otay Ranch that creates an urban village reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The land use, dwelling unit counts, road alignments and public facilities proposed by this application conform with the Otay Ranch General Development Plan as presently adopted. In addition, the areas contained within the proposed SPA approval are not among the 'areas of change' that have been studied as part of the City's present General Plan update. Thus, the SPA would also be compliant with the future General Plan, based on land uses being studied within the update. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Village Seven SPA Plan and Public Facilities Finance Plan contain provisions and requirements to ensure the orderly, phased development of the Project. The Public Facilities Finance Plan specifies the public ~. , . ~.,.." facilities required by the project in order for it to function properly and not become a public burden, and also the regional facilities needed to serve it. The land use plan for Village 7 is consistent with the GDP goals and objectives for the Village Concept. The open space greenbelt exceeds the standards and criteria set forth in the GDP. Highest densities extend the village core to an appropriate transition with the Eastern Urban Center, and all of the community services are centrally located. Schools are appropriately situated and accommodated. At total of 1,204 dwelling units of the 1,501 authorized in the Otay Ranch GDP are utilized under the Village 7 SPA Plan, maintaining a reserve allocation for lands not contained within the SPA proposal. The Village 7 Planned Community (PC) District Regulations function as zoning regulations for the village. The PC District Regulations provide standards and regulations to guide the development of the Project. These regulations are applied in conjunction with the Village 7 Design Plan. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within the Village Seven (SPA) Plan are designed with a 75- foot landscaped enhancement buffer along adjacent arterials. The project will provide a variety of housing opportunities. A total of four single- family residential neighborhoods are proposed, in whole or part, to contain 756 single-family residences ranging rrom 4.2 to 7.4 units per acre. In addition, three multi-family developments provide an additional 448 dwelling units, which range from 7.6 to 15.4 units per acre. These multi- family developments will incorporate a variety of housing types including alley-product homes, and site areas for townhouses, condominiums and apartments. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Project. The Village 7 SPA provides three points of entry to the village, as initially proposed by the GDP for the portion of the village subject to the SPA. These are at Birch Road on the north and La Media on the west. A third access point, via an undercrossing at SR-125, does not provide arterial access, but rather provides routing directly to the Eastern Urban Center. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Village Seven SPA Final Second-Tier Environmental hnpact Report (FEIR 04- 06). ~·--·I ¡ I j~~'"'-,. Il,j , ¡ ~. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Village Seven SPA Plan includes recreational and similar nonresidential uses, which are considered appropriate for the area, location, and overall planning for the area in that such uses are called for in the Otay Ranch General Development Plan. The Wolf Canyon green belt system is provided, as are three schools and park uses to serve nearby and regional residents as required by the Otay Ranch General Development Plan. These uses have also been evaluated for their adverse land use effects on proposed surrounding development and none have been identified. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Village Seven SPA Plan Public Facilities Finance Plan. Prior to the opening of La Media and Santa Luna, turning volumes at the intersection of Magdalena at Birch Road will require an internal limit on residential building permits, pending the student population of High School #13, the extension of La Media southward to provide a second entry and the progress toward completion of the toll highway. La Media Road, Birch Road, and Rock Mountain Road are all sized to handle the anticipated volumes. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFŒD ECONOMICALLY AT THE LOCATION (S) PROPOSED \-if-, ..:.. ¡ ',._~, AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The Project does not involve areas planned for commercial facilities. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Village Seven SPA Plan is consistent with the approved plans and regulations applicable to surrounding areas, and therefore said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed Village Seven SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. The Village 7 SPA proposed land uses and development intensities directly implement the provisions of the Otay Ranch General Development Plan as amended. All designated public facilities are located within the areas designated by the General Development Plan, and the permitted density and land use intensities are those prescribed therein. The Otay Ranch Village 7 SPA Plan, described and evaluated in this report, is consistent with the policies in the adopted Otay Ranch General Development Plan and City ofChula Vista General Plan. VII, CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "A", attached hereto and incorporated in the Project. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. IX. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon 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 the Court of competent jurisdiction to be invalid, \ ," ~ . ' .... -'- illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented by Approved as to form by Jim Sandoval Director of Planning and Building f?~ /"j ,,::::': )' i ~), ,-, -"'" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OT A Y RANCH, VILLAGE SEVEN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described as encompassing approximately 303 acres, and is commonly known as Otay Ranch Village Seven Sectional Planning Area (SPA) ("Property"); and, WHEREAS, an application for adoption of the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on September 2,2003 by McMillin Otay Ranch, LLC, later joined in that application by Otay Ranch Project LP (together, "Applicants"); and WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Village Seven Sectional Planning Area (SP A) Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long tern1 phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Village Seven Sectional Planning Area to exist in harmony within the community; and, WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village Seven SPA Land Use Plan of the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan; and, WHEREAS, the Otay Ranch Village Seven Sectional Planning Area Planned Community District Regulations establish zoning regulations for the (PC) Planned Community Zoning District located in Otay Ranch Village Seven Sectional Planning Area; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second- Tier Environmental Impact Report (Final EIR 04-06) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Seven Sectional Planning Area (SP A) Plan (PCM-04-05) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries ofthe Project site at least ten days prior to the hearing; and, Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 22,2004 in the Council Chambers, 276 Fourth A venue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL ofthe City of Chula Vista does hereby ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 22,2004 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, and those documents specified in Publi Resources Code Section 21167.6, shall comprise the entire record ofthe proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The environmental impacts associated with the Planned Community (PC) District Regulations for Village 7 have been analyzed in the Final Environmental Impact Report (FEIR) 40-06. The City Council finds that the FEIR 04-06, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code of Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City of Chula Vista. The City Council furthers finds that the FEIR 04-06 reflects the independent judgment of the City Council of the City of Chula Vista. III. ACTION The City Council hereby adopts an Ordinance to the Otay Ranch Village Seven Sectional Planning Area Planned Community District Regulations, dated August 24, 2004 and comprising Section 11.3 of the "Village Seven SPA Plan", finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Village Seven Sectional Planning Area (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. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Page 3 Ordinance No. Presented by Jim Sandoval Planning and Building Director PASSED, APPROVED, and ADOPTED by the City Council ofthe City ofChula Vista, California, this lih day of October, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Stephen C. Padilla, 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 Ordinance No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the I ih day of October, 2004. Executed this 12th day of October, 2004. Susan Bigelow, City Clerk H:\COMMDEV\JimH\Village7CCIOI204\V7 SPA Plnd Comm DIST REG ORD CCIOI204.doclO/5/2004 : i "' ..- "'1 FOR COUNCIL MEETING OF OCTOBER 12, 2004 ITEM NO.7 B EXHIBIT A TO RESOLUTION (CONDITIONS OF APPROVAL) Exhibit A SPA CONDITIONS OF APPROVAL FOR OTAY RANCH VILLAGE SEVEN I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer(s) as to any or all of the Property. For the purpose of this document "Developer" shall also mean "Applicant". 2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions and/or seek damages for their violation. 3. Developer(s) shall indemnify, protect, defend and hold the City its agents, officer and employees harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Final Environmental Impact Report, FEIR #04- 06, for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 4. The Developer(s) shall comply with all requirements and guidelines of the City of Chula Vista including its General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Ranch Wide Affordable Housing Plan; Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and all supporting documents including: Village Seven Village Design Plan; Village Seven Public Facilities Finance Plan (PFFP), Air Quality Improvement Plan (AQIP), Water conservation Plan (WCP); Village Seven SPA Parks, Recreation Open Space and Trails Plan; Village Seven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan. 5. The Developer shall implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). 6. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within 16 Village Seven SPA Plan Conditions of Approval Page 2 of 11 all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. 7. The Developer shall implement the final WCP measures as approved by the City Council, and as may be amended rrom time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). 8. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. 9. The Developer(s) shall implement to the satisfaction of the Director of Planning and Building all mitigation measures identified in EIR. #04-06 (SCH No. 2003111050), the Candidate CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the applicant(s) shall comply with all applicable requirements prescribed in the Village Seven Environmental Impact Report (EIR 04-06; SCH No. 2003111050), and Mitigation Monitoring and Reporting Program. 10. The Developer(s) shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time by the City, and shall enter into an agreement with the City prior to the approval of the first Tentative Map for this Project, in order to implement the provisions of the Phase 2 Resource Management Plan. 11. The Developer(s) shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation of each final map for an amount ofland equal to the final map's obligation to convey land to the Preserve, as required by the RMP. Where an easement is conveyed, the Developer(s) shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer(s) shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall be conveyed.. Where an easement is granted, each final map is subject to a condition that fee '76 Village Seven SPA Plan Conditions of Approval Page 3 of I ] title shan be granted upon demand by the POM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase] and 2 RMP guidelines until such time when the POM has accepted the conveyance property. 12. Prior to approval of the first "B" map for the Project, at the request of the City Engineer, Developer(s) 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). 13. The Developer(s) shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, California State Water Resources Control Board, U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit/authorization applicable to the Project. 14. Developer(s) acknowledge that approval of the Otay Ranch Village Seven SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the City Engineer and Director of Planning and Building, the Planning Commission or the City Council during the tentative subdivision map process. The ultimate total number of dwelling units for Village Seven, resulting from more specific Tentative Map and Final Map planning and analysis, and/or the Site Plan/Design Review process, may require a reduction in the number of total units as described in the Village Seven SPA Plan and Otay Ranch General Development Plan. 15. Street cross sections shall conform to those standards contained in the Village Seven SPA Plan. All other design criteria shall conform to the Otay Ranch Street Sections contained in the document entitled Design Standards and the Subdivision Manual both as amended from time to time, ("City Design Standards"). Any proposed variations rrom the City Design Standards, which are not addressed in the SPA Plan shall be subject to approval by the City and indicated on the appropriate tentative subdivision map. 16. 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 Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not Jimited to: mass grading, rough grading, construction of street and landscaping improvements, and '76 Village Seven SPA Plan Conditions of Approval construction of dwelling units. The Applicant shall comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. Page 4 of II 17, Prior to the approva1 of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the Storm Water Management Standards Manual including revision of approved grading and or improvement plans as necessary b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, ITom and against all fines, costs, and expenses and damages 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. 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 of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Applicant obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer 18. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) shall provide the water and recycled water improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be responsib1e for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the approval of the first map for the Proj ect. 19. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban- Wildland Interface Area for Village Seven, as may be amended from time to time. Prior to the approval of the first final map, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire ~B Village Seven SPA Plan Conditions of Approval Marshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. Page 5 of 11 b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. 20. 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 the City Engineer that sufficient capacity exists for the number of EDUs contained in all final map for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon gravity basin. 21. The Village Seven sewer improvements shall be consistent with the Village 7 Conceptual Sewer Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by the City Engineer. 22. The Developer(s) shall develop a landscape concept, including a plant palette for the Village, that is cohesive with the Otay Ranch Overall Design Plan (dated March 14, 1995) and is distinguishable from other Villages to the satisfaction of the Director of Planning and Building. Perimeter slopes, streetscapes and other open spaces crossing multiple ownerships/neighborhoods shall be landscaped in such a manner as to provide continuity and a uniform appearance throughout the Village. 23. Developer(s) shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it affects facilities and other related requirements for the Project's parks. f7B Village Seven SPA Plan Conditions of Approval Page 6 of ]] 24. The Developer(s) acknowledge and agree to comply with the provisions of the City ofChula Vista Greenbelt Master Plan (September 16, 2003) as adopted and as may be amended from time to time. 25. Developer(s) agree(s) at Developer(s)'s sole expense, including to but not limited to the necessary above and/or underground utilities to accommodate the required street trees within the street tree planting easement and parkway as determined necessary by the Director of General Services and the City Engineer. 26. The Village Seven Project shall satisfy the requirements of the City's Parkland Dedication Ordinance (PDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment of park improvement fees and dedication of land in a manner acceptable to the Director of Genera1 Services. 27. Developer(s) shall deliver parkland to satisfy (their) community parkland obligation(s) 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 Seven. The location of the community parkland obligation is subject to the approval of the Directors of Planning and General Services. 28. Developer(s) acknowledge that Common Usable Open Spaces as described in the City of Chula Vista Design Manual (Lots P2/CPF-l and P3/CPF-2a) shall not receive park credit. 29. The Developer(s) shall install Chula Vista transit facilities, which may include but not be limited to benches and bus shelters, in accordance with the improvement plans approved by the City. Since transit service availability may not coincide with project development, the Developer(s) shall install said improvements when directed by the City. The Developer(s), separately and individually, shall enter into (an) agreement(s) with the City prior to approval of each Developers' first map regarding Developer(s') funding of these facilities. Said transit stops shall be designed in the manner consistent with the transit stop details as described in the SPA Plan and Village Design Plan, and as approved by the City's Transit Coordinator and Director ofP1anning and Building. 30. In order to satisfy their fair-share contribution for financing the Bus Rapid Transit (BRT) or other transit system, the Developer(s) shall enter into an agreement with the City which states that the Developer(s) will not protest the formation of any potential future regional benefit assessment district formed to finance the (BRT). 31. The Developer(s) shall each enter into an agreement with the City of Chula Vista, prior to approval of each Developers' first final map, regarding the provision of affordable housing. Said agreements shall be a condition of approval of each Developers' first tentative map. '76 Village Seven SPA Plan Conditions of Approval Page 7 of II Such agreements shaH be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the ViHage Seven Affordable Housing Plan. 32. No final "8" maps may be recorded within Village Seven until such time that one or more annexable Mello-Roos District(s), or other financing mechanism approved by the elementary and high school districts to provide for the construction of needed elementary, middle and high schools, is/are established. 33. If required by the City, the Developer(s), separately and individually, shall enter into agreements with the City of Chula Vista, prior to approval of each Developers' tìrst tinal "B" map within Village Seven, in order to participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). 34. If required by the County of San Diego, the Developer(s) shall equitably participate in any future regional impact fee program for correctional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer(s) shall enter into an agreement, prior to approval of the first final map, with the City which states that the Developer(s) wiH not protest the formation of any potential future regional benefit assessment district formed to finance correctional facilities. 35. The Developer(s) shall fund the Reserve Fund as required by the Reserve Fund Program. 36. The Applicant shall deliver to the Chula Vista Elementary School District, Lot S-3 to the satisfaction of the School District including utilities provided to the site and an all weather access road acceptable to the District. 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. 37. Prior to the first final map the Developer shaH coordinate with the High School District the delivery of the High School Site S-l as shown on the Tentative Map. 38. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund a fair share 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 and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. r¡B Village Seven SPA Plan Conditions of Approval Page 8 of 11 39. The Developer(s) shall include maintenance of a proportional share of the Poggi Canyon channel; the Wolf Canyon open space; the water quality and detention basins (the later in accordance with the "Maintenance Plan for Wolf Canyon", dated July 15,2004) in an open space maintenance district formed for Village Seven. 40. 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. 41. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the Developer(s) shall prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 42. The Developer(s) acknowledges that the Otay Ranch General Development Plan is based on a village concept that provides for the construction of multi-family homes and commercial uses along with single-family residential homes within Village Seven. The Developer(s) understands that it is the City's intent to require the Developer(s) to focus development on the village core in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. 43. Phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer. 44. The Public Facilities Finance Plan (PFFP) for Village Seven or revisions thereto shall be adhered to for the Village Seven SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Projcct area. Throughout the build-out of Village Seven, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven documents grant the Developer(s) an entitlement to develop as assumed in the PFFP, or limit Village Seven'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 Seven development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future transportation phasing plan for the City of Chula Vista or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision 1.6 Village Seven SPA Plan Conditions of Approval Page 9 of I ] 45. The Developer(s) shall enter into supplemental agreement(s) with the City, prior to approval of each final map for any phase or unit, whereby: a. The Developer(s) agree(s) that the City may withhold building permits for any units in Village Seven in order to have the Project comply with the Growth Management Program; or, if anyone of the following occur: (l) Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended from time to time, have been reached. (2) Traffic volumes, level 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. (3) The required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed to the City's satisfaction. The Developer(s) may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City's Director of Planning and Building and the Public Works Director. The Developer(s) agree(s) that the City may withhold building permits for any of the phases of development identified in the PFFP for Otay Ranch Village Seven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. b. The Developer(s) agree to defend, indemnify and hold harmless the City and its agents, officers and employees, pursuant to Section 66499.37 of the State Map Act, from any claim, action or proceeding against the City, its agents, officers or employees: (1) 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 the Project, and; (2) As to each Developers' respective subsequent development of their portions of the Project, provided the City promptly notifies the Developer(s) of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 46. The Developer(s) acknowledge(s) its/their understanding that the City is in the process of amending its Growth Management Program and Ordinance in order to establish updated development phasing provisions necessary to ensure compliance with threshold standards. In order for the Otay Ranch Village Seven Project to be consistent with the City's growth management provisions, the Developer(s) hereby agree(s) to comply with the Growth Management Program and Ordinance, as may be amended from time to time, in order for the í)ö Village Seven SPA Plan Conditions of Approval Page 100fll City to approve this Project. Said provisions shall also be included as a condition of approval of all Tentative Maps within Village Seven. 47. The Developer(s) shall submit electronic versions of all SPA documents, including text and graphics, to the Planning and Building Department in a format specified and acceptable to the Director of Planning and Building. ~b Village Seven SPA Plan Conditions of Approval Pagc 11 of 11 Exhibit B AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OT A Y RANCH LLC. AND OTAYPROJECT, L.P. RELATED TO VILLAGE SEVEN SPA APPROVAL The Property Owner and the Developer(s) shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer(s) have each read, understood and agreed to the conditions contained in Resolution No. , and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer(s), and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner/Developer(s)'s desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Property Owner Date Attachment(s) H:\COMMDEV\JimHIVillage7CC1012041V7 PCM 04-05 SPA Conditions of Approval CC 1 01204,doc1 0/8/2004 r¡8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH, VILLAGE SEVEN. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described as encompassing approximately 303 acres, and is commonly known as Otay Ranch Village Seven Sectional Planning Area (SPA) ("Property"); and, WHEREAS, an application for adoption of the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on September 2, 2003 by McMillin Otay Ranch, LLC, later joined in that application by Otay Ranch Project LP (together, "Applicants"); and WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Village Seven Sectional Planning Area (SP A) Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development ofthe Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Village Seven Sectional Planning Area to exist in harmony within the community; and, WHEREAS, the Otay Ranch Village Seven Sectional Planning Area (SPA) Planned Community District Regulations are established pursuant to Title 19 ofthe Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village Seven SPA Land Use Plan ofthe Otay Ranch Village Seven Sectional Planning Area (SPA) Plan; and, WHEREAS, the Otay Ranch Village Seven Sectional Planning Area Planned Community District Regulations establish zoning regulations for the (PC) Planned Community Zoning District located in Otay Ranch Village Seven Sectional Planning Area; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Proj ect would result in a significant impact to the environment, therefore, a Second-Tier Environmental hnpact Report (Final EIR 04-06) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Seven Sectional Planning Area (SP A) Plan (PCM-04-05) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, '1 ~-~ /",,"#'" .-< ' ,.._"",.:::r- Ordinance No. Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 22,2004 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. NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on September 22,2004 and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, and those documents specified in Pub Ii Resources Code Section 21167.6, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The environmental impacts associated with the Planned Community (PC) District Regulations for Village 7 have been analyzed in the Final Environmental Impact Report (FEIR) 40-06. The City Council finds that the FEIR 04-06, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code of Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures ofthe City of Chula Vista. The City Council furthers finds that the FEIR 04-06 reflects the independent judgment ofthe City Council ofthe City of Chula Vista. III. ACTION The City Council hereby adopts an Ordinance to the Otay Ranch Village Seven Sectional Planning Area Planned Community District Regulations, dated August 24, 2004 and comprising Section II.3 of the "Village Seven SPA Plan", finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Village Seven Sectional Planning Area (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. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day rrom and after its adoption. ....~'1: ,.,'- ! I L·" '-" ......., "I ,_/ ~ Ordinance No. Page 3 Presented by Jim Sandoval Planning and Building Director PASSED, APPROVED, and ADOPTED by the City Council ofthe City ofChula Vista, California, this lzth day of October, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Stephen C. Padilla, 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 Ordinance No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of October, 2004. Executed this 12th day of October, 2004. Susan Bigelow, City Clerk H:\COMMDEV\JimH\VilJage7CCI01204\V7 SPA PInd Comm DIST REG ORD CCI01204.docIO/5/2004 176'f"c ·34 COUNCIL AGENDA STATEMENT Item No.: Meeting Date: ~l D 10/12/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT 05-07 SUBMITTED BY: Director of Planning and BUilding~ REVIEWED BY: City Manager ~~ ~ 1"' (4/5ths Vote: Yes _ No -X...) This report provides background and analysis for consideration of a Tentative Subdivision Map 05-07 for a portion of Otay Ranch Village Seven Sectional Planning Area Plan - McMillin Otay Ranch LLC. RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving Tentative Subdivision Map 05-07 in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed the draft Environmental hnpact Report on July 19,2004. The Planning Commission reviewed the Draft Environmental Impact Report on July 28, 2004. Recommendations and actions from those reviews are discussed in the agenda item related to the Environmental hnpact Report. The Planning Commission reviewed TM 05-07 and adopted the attached Resolution PCS 05-07 recommending approval by the City Council, by vote of 5-0, with two absences. The minutes of the Planning Commission hearing are attached. ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment; therefore, a Second-Tier Environmental Impact Report (EIR #04-06; SCH# 2003111050) has been prepared. Certification / ! Page 2, Item: 7D Meeting Date: lOll? 104 of the Second-Tier Environmental Impact Report for this project (EIR 04-06) will be considered as a separate agenda item by the City Council. BACKGROUND Appli~Mion McMillin Otay Ranch LLC has made application for a subdivision comprising 170 acres of Village 7 of Otay Ranch. This application has been concurrently processed along with the Village 7 Sectional Planning Area (SPA) plan, and FEIR 04-06, both of which are subject of reports scheduled on the same agenda date as this matter. The reports on the SPA and FEIR both go into considerable detail regarding the overall design of the proposed Village, and should be consulted in conjunction with this analysis of the proposed subdivision. Further, a second, adjoining, subdivision action, PCS 05-09 by Otay Project LP, has also be concurrently processed and is intended to be fully compatible with the subdivision which is the subject of this report. T nrM;nn The subdivision comprises the northern 85 percent of the eastern half of Village 7. It is bounded by Birch Road on the north, the proposed Magdalena on the west, and SR-125 on the east. A 32- acre parcel lies between the southern boundary of the subdivision and the off-site alignment of Rock Mountain Road. Initially, the subdivision would take all access rrom the north, via La Media and Birch Road. The site lies easterly of the 50-acre FAA VORT AC site. (TeneTHl P1Hn 70ning Hnc1 f Hnc1 fT.e C:riteriH Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the pending Planned Community (PC) District Regulations within the SPA plan. The Village 7 PC District Regulations establish separate zoning districts for the village land uses. DISCUSSION: np.~(';ripti()n nfthp. Prnpn"f':n Sllhc1ivl"inn Re:qllPc;;:t McMillin Otay Ranch LC has applied for approval of a tentative subdivision map to subdivide an approximately 170-acre site comprising the eastern and northeastern a portion of Village 7 in the Otay Ranch. The tentative map proposes dividing McMillin's portion of Village 7 into 3]] single-family lots on approximately 53 acres, 448 multi-family and single-family cluster units on approximately 36 acres, an 11.6-acre elementary school site, a portion of a public high school site comprising 23.4 acres, a 7.5-acre neighborhood park, open space areas, a Community Purpose Facility (CPF) site of 1.1 acres, and public rights-of-way. In addition to the subdivision of lots, 2 í77\') /iJv Page 3, Item:7b Meeting Date: 1 Oil? 104 the application seeks approval of grading design, certain inrrastructure improvements and rights- of-way to serve the neighborhoods. Pnrrp!iwfinn The proposed land uses are intended to be consistent with the arrangement and uses as authorized by the Village 7 SPA plan. Table 1 details the inventory of lots, uses and sizes as proposed. able 1. Invento~ of Lots and Uses NEIGHBOR- DISTRICT USE ACRES UNITS AVE LOT HOOD (See Note\ SIZE R-IA SF4 SFDs 26.4 151 5 031 sf R-lB SF4 SFDs 27.0 160 4 699 sf R-5 RMl SFDs 15.9 132 3 859 sf R-6 RMl MFDs 12.4 193 N/A R-7 RM2 MFDs 7.9 123 N/A CPF CPF CommunÎtv 0.8 N/A N/A P-l RMl Park 7.5 N/A N/A S-3 RMl El. School 11.6 N/A N/A S-l RMl HiO'h School 23.7 N/A N/A OS-l-OS- 7 OS/Pl Onen Snace 16.2 N/A N/A T Note: Districts are per the pending Village 7 PC District Regulations, defined as: SF4 - Single-Family Four: Zoning District which pennits single-family housing located on lots <5,000 square feet. RMl - Residential Multi-Family One: Zoning District which pennits housing ranging rrom 8 units/acre up to 14.9 units/acre including small lot single-family, alley and duplex product types. RM2 - Residential Multi-Family Two: Zoning District which pennits housing at densities above 15 units/acre. CPF - Community Purpose Facility: Zoning District which pennits uses which may be established pursuant to the Community Purpose Facilities Ordinance Section of the City ofChula Vista Planned Community Zone District. OS/P 1 - Open Space/Park 1: District which includes developed or usable open space areas and park uses, and may include naturalized open space. é!rndin.g. The grading proposed by the subdivision application would provide for a cut and fill totaling 7,975,000 cubic yards (3,875,000 cubic yards of cut and 4,100,000 cubic yards offill). Cut areas include the areas parallel to and south of Birch Road, as well as the area extending eastward rrom the FAA VORTAC site to the SR 125 right-of-way. Fill areas are a shallow drainage which extends eastward rrom the head of Wolf Canyon, as well as the high school site and offsite public improvements. Cut and fill would be balanced by import of 225,000 cubic yards rrom an off-site borrow proposed in the subdivision subject to PCS-05-09, which for the most part would be used in the off-site construction of Santa Luna Street, if necessary as part of this map. Santa Luna is also an obligation ofPCS-05-09. T'!frnçtruäurp/Tm.nrnllPmpnfç, This subdivision proposes a number of public facilities and inrrastructure improvements in support of the uses above and in accordance with the requirements of the City's subdivision polices and regulations. A generalized inventory of public 3 , I / . ~ .- /} -~ Page 4, Item:1D Meeting Date: 10/1? 104 improvements proposed within the subdivision are listed in Table 2. a e n ras rue ure an mnrovemen s Item Location Description Dimensions Magdalena From Birch Road to Modified Village D lOS' Right of Way Wolf Canyon Loop Entry Street Road D 4- Lanes and [off-site] Santa with right-of-way and (Emergency Luna to Rock traffic control Parking only) Mountain improvements, D 6' Median including an off-site D Village Pathway extension to Rock parallel Mountain Road Magdalena Between Wolf Modified Secondary D 90' Right-of-way Canyon Loop and Village Entry Street D 2-Lanes Santa Luna D 6' Median D Village Pathway Darallel Wolf Canyon Loop / From Magdalena Village Core D 63' Right-of-way Peabody Way (north) to Magdalena Prorrienade with D 2-Lanes (south) necessary right-of- way and traffic control imnrovements Pletcher Way From Wolf Canyon Secondary Village D 65' Right-of-way Loop to SR-125 Promenade with and D 2-Lanes undercrossing necessary right-of- D Regional Trail way and traffic control Parallel imurovements Rock Mountain Road From Magdalena to Four Lane Major [Ultimate] SR-125 [off site] Road, half-width D 104' Right of way improvement D 4- Lanes D 16' Median Koester From CFD site to Residential D 59' Right of Way Street/Enclave Circle Reichert Way Promenade Street D 2-Lanes D Parking one side D Enhanced Pedestrian amenities Internal streets and Within subdivision Residential D 58' Right-of-way ways. neighborhoods classification streets D 2-Lanes with imnrovements. D 32' Curb-to-Curb T hI 2 1ft t dI t 4 r}D-Lf- Page 5, Item: 7D Meeting Date: 1011 ?!O4 Open Space and Magdalena to Pletcher Open space 0 7.5 acre open Drainage Way, in Open Space landscaping; drainage space parcel hnprovements and water quality structures and access; regional trail and local trail connectors Utilities and Throughout Sewer, water, storm InfTastructure drainage and other utilitv svstems Vehicular access to this subdivision will be provided by Magdalena, which will extend southerly from Birch Road to Rock Mountain Road, providing two points of access to the future arterial system. Initial public street access will be provided solely via the connection to Birch Road. A subdivision condition limits residential unit construction pending availability of a second connection to the west via the off-site Santa Luna and northward via an extension of La Media. The final external connection to the subdivision will come with the completion of the connecting road, Pletcher Way, which will ultimately extend under SR 125 to the Eastern Urban Center. A further condition restricts the release of residential building permits to coincide with the full completion of SR 125. That condition further provides the City Council with the ability, if it so chooses, to authorize issuance of building permits prior to that time under certain conditions where the highway is completed north of Olympic Parkway and traffic models prove available capacity to the satisfaction of the City. The condition also reserves for the City Council its capability to limit or authorize issuance of residential building permits consistent with any future actions related to the Growth Management Ordinance. The northern portion of the subdivision, containing single family and single-family-cluster units, the internal street system is planned around connections to the Wolf Canyon Loop road an residential promenade streets. Consistent with the policies of the Otay Ranch General Development Plan (GDP), a "grid-pattern" street system, curved to conform to the loop, is proposed to minimize residential cul-de-sacs and provide multiple points of access throughout the subdivision. In addition, parallel alleys a half block off of Wolf Canyon Loop allows the loop to be rree of driveways. Residential streets are generally designed to be narrower to reduce vehicle speeds, through the use of traffic calming devices such as limited block lengths and neckdowns. These neckdowns allow the pedestrian to cross only 24- feet of street. A key location controlled in this manner is the intersection of Wolf Canyon Loop and Koester, which facilitates pedestrian access southward to the open space and neighborhood park. Trail, Parh and I(¡wn Sl'arp. Pedestrian routes and trails are proposed throughout the subdivision to connect internal paths to regional trails. A village pathway, a 15-foot wide 5 f)D_ S Page 6, Item: Î D Meeting Date: 1 0/1 ? 104 hardscape path, will connect rrom the Village Core area to Birch Road. A regional trail is proposed within the open space greenbelt north of the neighborhood park and along the northern rrontage of Pletcher Way, in accordance with the system anticipated by the General Development Plan and the Greenbelt Master Plan. Access to this system is provided not only by the intersecting village pathway, but also at the rrontage of the neighborhood park and at the terminus of a village promenade tying to the northern end of the project. A 7.5-acre public neighborhood park (P-l) will be the major public park in Village 7. It adjoins a 7.5-acre open space parcel which meets the criteria of a greenbelt extension of Wolf Canyon to the heart of the Village. Further, in order to achieve the water quality objectives of the Project, the Applicant proposes a series of forebays and basins within the open space areas outside of and to the north of the park. rnmm1JY1ilJl P7Jr,nMP Pnrility This subdivision will fulfill the CPF obligation as required in the SPA Plan and GDP by providing a l.l-acre facility (CPF-l) within the R-l neighborhood, which will be developed as a recreation facility. The map supports reservations for further CPF acreage elsewhere in the village core, per the criteria set forth in the SPA document. Part of the CPF obligations for this village have been met by overages carried forward rrom Village 6. An:.11y¡;;:1~ The proposed subdivision subject to this application is consistent with and implements the approved Otay Ranch General Development Plan. Through concurrent processing, it is designed to fit exactly to the proposed Village 7 SPA Plan. The Tentative Map has addressed previous City Council concerns regarding vehicular access, narrower streets and multiple points of access to each neighborhood. The subdivision implements the objectives of the SPA, and provides the basis for review of facilities improvements and grading. Based on the foregoing, staff has drafted a resolution providing an affirmative basis of findings as required by the Municipal Code and the Subdivision Map Act. The resolution has as attachment a series of conditions of approval designed to clarifY necessary performance in carrying out the subdivision and improvements, to further assure initial and long-term conformance of the subdivision with these standards. CONCLUSION: On the basis of the foregoing analysis, and in reliance on the resolution and conditions of approval as attached, staffhas determined that the proposed subdivision merits the approval of the City Council. 6 r--;~ ¡ l,..) *,. I,';:':' ...-- Page 7, Item: 1D Meeting Date: 10/1? 104 A ttacnments I. Locator Map 2. Tentative Subdivision Map (Separate) 3. Planning Commission Resolution (PCS-05-07) 4. Planning Commission Minutes of September 22, 2004 H:\COMMDEWimH\Villagc7CCI01204\Finals\CC_ STFRPT V7TM0507final.doc 10/0612004 7 ',":--1 "~', //-'¡ ~ ! j -j ~"' f t···/ -o~ \~ ~, ~~ ;:" . \~ ~ PROJECT ", ~ LOCATION Otav Ranch Hiah School ~ Birch Rd VillaÇJe 7 ) ~ II II Freewav Commercial II II II II II II " \\ \\ ~\ ~\ ~\ ~ EUC C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: McMillin Otay Ranch, LLC VISTA VERDE TENTATIVE MAP PROJECT Village 7 ADDRESS: Request: A subdivision of approximately 170 acres into 759 residential lots, SCALE: FILE NUMBER: NORTH No Scale PCS-05-07 EXHIBIT A J:lplannin9Icarlosllocatorslpcs0507.cdr 09.23,04 r7D ~6 RESOLUTION NO. PCS-OS-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDMSION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT 05-07. /lTTAG HM/3IUT .3 I WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-07, and is commonly known as Village of Vista Verde Tentative Map (McMillin), ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", ("Project"), was filed with the City of Chula Vista Planning and Building Department on August 20,2004 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 200 acres of land located west of future State Route (SR-125) route and south of Birch Road within Otay Ranch Village Seven SPA into 758 Residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28,1993 by Resolution No. 17298, and as amended on November 10,1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental hnpact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental hnpact Report (Final EIR 04-06) has been prepared; and WHEREAS, the Planning Commission set the time and place for a hearing on said Village of Vista Verde Tentative Map (McMillin), Chula Vista Tract 05-07, (PCS-05-07) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, rrom the facts presented to the Planning Commission, the Commission has determined that the approval of "Village of Vista Verde Tentative Map (McMillin), Chula Vista Tract 05-07", (PCS-05-07) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning Area 7 SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. ,.....¡ . Planning Commission Resolution PCS 05-07 Page 2 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Village of Vista IVerde Tentative Map (McMillin), Chula Vista Tract 05-07", (PCS-05-07) in accordance with the [mdings contained in the attached City Council Resolution No. And that a copy of this 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 22nd day of September, 2004 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Madrid, 0' Neill, Hall, Horn, Castaneda Cortes, Fe 1 ber ~~1i~ ATTEST: ~ Diana V argas, secre~ H\COMMDEV\JimH\092204PCV?\V7 PCS-05-0? draft PC resoiution.doc j "7"', '.~ I I ,~ ::) I...." ¡::... MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, September 22, 2004 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Absent: Madrid, Hall, O'Neill, Castaneda, Hom Cortes, Felber Staff Present: Jim Sandoval, Director of Planning and Building Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager Jim Hare, Deputy Redevelopment Director Marni Borg, Environmental Projects Manager John Mullen, Deputy City Attorney III PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid ORAL COMMUNICATIONS: Sunny Chandler, 442 F Street, Chula Vista, addressed the Commission and stated she was concerned with wanton spending and inquired why, what appears to be a perfectly good City Hall building is being demolished. Steve Molski, stated he had two issues to address; the first one being that he is opposed to putting residential development on the Bayfron!. Secondly, he would like to see a concerted effort to repaving of the older streets in western Chula Vista. 1. PUBLIC HEARING: EIR 04-05; Close of Public Review Period for the Españada Environmental Impact Report. A verbatim transcript has been prepared ofthe public testimony and is available under separate cover. 2. PUBLIC HEARING: a. Consideration of the Final Second Tier Environmental Impact report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area (SPA) and Tentative Maps. J I)- II Planning Commission Minutes - 2 - September 22, 2004 b. PCM 04-0S; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving approximately 303 acres between the future extension of La Media Road and the alignment of SR-12S, south of Birth Road, within the Otay Valley Parcel. c. PCS OS-09; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. d. PCS OS-07; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. Jim Hare, Deputy Redevelopment Director reported that McMillin Otay Ranch LLC submitted an application requesting approval of a new Sectional Planning Area (SPA) Plan associated regulatory documents for Village 7. Additionally, Otay Project LP submitted and application for a subdivision comprising 105 acres of Village 7 of Otay Ranch, while concurrently, McMillin Otay Ranch LLC submitted an application for a subdivision comprising 163 acres of Village 7 of Otay Ranch. Mr. Hare presented an overview of the proposals as submitted in the staff report. Marni Borg, Environmental Projects Manager reported that in accordance with CEQA requirements, a Second Tier EIR, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program have been prepared for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Ms. Borg gave an overview of the content of the Final EIR and stated that the Final EIR contains responses to comments received during the public review period. Staff Recommendation: That the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails , .... ! Ç/'- Planning Commission Minutes - 3 - September 22, 2004 Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. . Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: Cmr. Hall stated that a lot of faith has been put into the success of SR-125, and it has been his experience in speaking with people, that although studies may show the road will be used, the average citizen feels that the toll is going to be a disincentive to its use. Cmr. Hall further inquired ifthere was another alternative, or mechanism in place that ensures that construction is halted if SR-125 doesn't work and the major arterials are over-loaded. Dino Serafini, General Services Engineering Division stated that all of the SAN DAG traffic models he has seen show that with the completion of SR 125, the traffic on the arterials that feed into SR-125 are reduced. Mr. Serafini also stated that the GMOC process has thresholds in place and is a means by which to gauge how construction is impacting traffic and roadways. Worst case scenario; should it be determined that they've reached unacceptable levels, the City Council would have the option of imposing a building moratorium. Jim Sandoval clarified that the GMOC is an annual process that measures, among other things, traffic. Furthermore, there are several villages and commercial developmentyetto be constructed and it takes a couple of years for each of these villages to build-out, therefore, we're not going to see much development between now and October 2006 when SR-125 is scheduled to open. Worst-ease-scenario, if after a year or two after SR- 125 opens, the GMOC threshold is reached, then at that time, the City Council would have to make a determination as to what happens in terms of future development. Cmr. Castaneda inquired what is the remaining number of units yet to be constructed before reaching the 8,990 unit cap. Mr. Serafini responded that approximately 2/3 of the units are left to be built. The components (I-80S/Olympic, H Street and Telegraph Canyon) of the monitoring agreement is not complete until these three traffic enhancements are completed. Cmr. Castaneda further asked what was the process for revising the threshold standards. Mr. Serafini responded that he was not aware of any process for doing that. , , J j ',_., .J...) I .- . . , "~"/ Planning Commission Minutes - 4 - September 22, 2004 Cmr. Castaneda stated that he recalls this being a topic of discussion a while back, and that there is a provision in the environmental document that states that if the City Engineer were to determined that the levels of traffic or congestion were either resolved or insignificant, then he could allow the thresholds to be changed. Cmr. Castaneda also recalls that if any changes were to occur to the existing thresholds, it would require a public hearing in order for this to be done. Mr. Serafini responded affirmatively that that is still the case. Furthermore, there is a condition of approval in the mitigation measures which states that the City will not allow any units to be built in Village 7 until SR-125 is constructed between SR-54 and the international border. Cmr. Hom stated he was actively involved, co-chairing the efforts to bring SR-125 to fruition. He further indicated that in spite of knowing that this would be a toll road, there was a lot of support from the community for the construction of this roadway. Cmr. Hom stated that ridership on SR-125 is critical to future development since it is envisioned to bring traffic relief and avoid overloading other major arterials, therefore, he put forth the idea that perhaps the developer would be willing to purchase the pass/transponder for the toll road for new home-buyers. Public Hearing Opened. Kathy Tanner, Sweetwater Union High School District, stated she was present to express their support for the Otay Ranch Village 7 SPA Plan because this completes another step in the process for opening High School #13 in July of 2006. She urged the Commission's approval of the plan. Todd Galarneau, McMillin Company, acknowledged staff's efforts and hard work on this project. Mr. Galarneau stated that the need for a new high school in the Otay Ranch came up in the Spring of 2003 when the City was holding the high school siting committee hearings. During those hearing the McMillin Company offered to deliver a high school site complete with utilities and infrastructure if the City could expedite the SPA Plan for Village 7. Over the last 15 months they worked extremely hard with City and District staff to development the SPA Plan and Tentative Map that is before the Commission this evening. Mr. Galarneau further stated that, had it not been for the extraord i nary and conti n u i ng effort and commitment to ach ievi ng that goal, th i sSP A Plan would not be on schedule and before the Commission at this time. Mr. Galarneau wished to clarify the condition stating that Village 7 does not get any building permits until SR125 is built all the way down to the international border. Mr. Galarneau indicated, however, that this condition is caveated to allow them to take advantage of a couple of opportunities. One is; if there is an early opening of SR125 to Olympic Parkway, and they can provide a traffic study that demonstrates that it does i; iF I I' , J "'"1 y-- Planning Commission Minutes - 5 - September 22, 2004 provide the necessary traffic relief on the arterials, then they would be able to request building permits. Secondly, if other alternative measures were to be identified by the City, Le. additional improvements that might provide additional capacity, changes to the GMOC thresholds, or subsequent building agreement; if anyone of those measures were to come up, then they would have the ability to take advantage of those as would any other development coming in, This would not preclude them from opportunities that are available to others, just because McMillin is coming in early in the process. Public Hearing Closed. MSC (O'Neill/Hom) (5-0-2-0) that the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Motion carried. ADJOURNMENT at 9:35 p.m. to the Planning Commission meeting of October 13,2004. Diana Vargas, Secretary to Planning Commission j -~. ,;"""- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- MCMILLIN OTAY RANCH LLC, CHULA VISTA TRACT 05-07. 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 05-07, and is commonly known as Village of Vista Verde Tentative Map, ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", ("Project"), was filed with the City of Chula Vista Planning and Building Department on August 20, 2004 by McMillin Otay Ranch, LLC, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 170 acres of land located west of future State Route (SR)-125 route and south of Birch Road within Otay Ranch Village Seven SPA into 759 residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental hnpact Report No, 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Proj ect would result in a significant impact to the environment, therefore, a Second-Tier Environmental hnpact Report (Final EIR 04-06) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05-07) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and \~-¡-" . I u- 1/" WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05- 07) and, 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 September 22, 2004, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers and those documents specified in Public Resources Code section 21167.6, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The environmental impacts associated with this Tentative Subdivision Map for Village 7 have been analyzed in the Final Environmental hnpact Report (FEIR) 04-06. The City Council finds that the FEIR 04-06, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq" the CEQA Guidelines, Cal. Code of Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City of Chula Vista. The City Council furthers finds that the FEIR 04-06 reflects the independent judgment of the City Council of the City of Chula Vista. III. ACTION The City Council hereby approves the resolution approving the Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05-07) involving 170 acres of land known as Village of Vista Verde Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Seven 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 Village of Vista Verde Tentative Map, Chula Vista Tract 05-07", (PCS-05-07) as conditioned, attached as Exhibit "B" to this resolution, herein for r) 1)_ . '/ S-' Applicant, is in conformance with all the various elements of the City's General Plan, including the Eastern Territories Area Plan, the Otay Ranch General Development Plan and Village Seven Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Seven Sectional Planning Area (SPA) Plan. The Tentative map contains 759 residential dwelling units. A total of two single-family residential neighborhoods are proposed to contain 448 single-family residences ranging rrom 5.7 to 5.9 units per acre. In addition three multi- family developments provide an additional 311 dwelling units, which range from 8.3 to 15.6 units per acre. These multi-family developments will incorporate a variety of housing types including alley-product homes, and site areas for townhouses, condominiums and apartments. 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 Seven SPA Plan. The Applicant shall construct those facilities in accordance with City and the Village Seven SPA Plan standards. The Village 7 Circulation Plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Project. The Tentative Map provides multiple points of access within the village. The Tentative Map boundaries are bounded by Magdalena on the west, Birch Road on the North and future SR-125 to the east. Access to these arterials will be via Magdalena. A third access point, via an undercrossing at SR-125, does not provide arterial access, but rather provides routing directly to the Eastern Urban Center. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. Magdalena will serve as the primary backbone, bisecting Village 7 from north to south and crossing the greenbelt. A loop road provides frontage connection rrom Magdalena to all of the uses within the Tentative Map. Several connection points from the various residential neighborhoods tie to Magdalena and the loop road, providing numerous route alternatives within internal grid of neighborhood streets. ¿/</ g Within the residential neighborhoods traffic calming design has been proposed. Neckdowns promote low speeds for vehicles and present a superior design solution for typical streets, and are employed at key locations within the R-l neighborhood. The R-5 neighborhoods make use of alleys to allow for narrower streets. 3. Housing The Project provides a mix of lot sizes for single family for persons of various income levels. Prior to recordation of any final subdivision map for the Project, the Developer will enter into an Affordable Housing Regulatory Agreement. The Agreement will set forth the method of determination of the in-lieu contribution, schedule for payment, and the value of the total in-lieu contribution. 4. Parks, Recreation and Open Space In fulfillment of its obligation to provide 7.14 acres of parkland, the developer will provide a minimum 7.0 net usable acre neighborhood park within the village core. The final net usable park acreage will be determined based on the final map that identifies the park site. A credit will be given to the developer for any actual net usable park acreage provided above their obligation. rfthe net usable acreage of the park site is less than 7.14 acres, the developer will provide the balance of its land obligation via an irrevocable offer of dedication, payment of in-lieu fees, or a combination thereof towards a Community Park within the service area of Village 7. The developer will also provide development fees in accordance with CVMC 17.10. The Village Greenway, part of the Citywide greenbelt trail that is to provide for a connection rrom Otay Valley Regional Park through Otay Ranch and to Salt Creek, as described in the City's Greenbelt Master Plan, will be incorporated within the Wolf Canyon corridor and along the northern boundary of the neighborhood park. The developer will provide for that portion of this trail connection rrom Magdalena A venue to the EUC. 5. Conservation The Program EIR and FEIR 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 r¡ D- /} 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 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 Village Seven SPA Geotechnical Reconnaissance Report, 7. Public Safetv 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. The project provides a public bene!,t by thnmgh the cOl1stmction of public roads and infrastructure necessary to support the proposed high school and elementary school sites 9. Noise The Project will include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highwav The roadway design provides wide landscaped buffers along Magdalena, Birch Road, and Rock Mountain Road. There are no scenic highway adj acent to the Proj ect. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. Birch Road and Rock Mountain Road include bike lanes (Class II) adjacent to the curb. ry D ~C;. () 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", 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. No vested rights are gained by the Applicant or its successor in interest as a result of the City Council's adoption of this Resolution. 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 Jim Sandoval Planning and Building Director 'Ò~:::)I FOR COUNCIL MEETING OF OCTOBER 12, 2004 ITEM NO. 7D EXHIBIT B TO RESOLUTION (CONDITIONS OF APPROVAL) Exhibit "8" Village of Vista Verde Tentative Subdivision Map (C.V.T.05-07) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building, the City Engineer, and the Director of General Services, (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, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); 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 material modifications shall be subject to approval by the City Council. (Planning) 3. If any ofthe terms, covenants or conditions contained herein shall fail to occur or ifthey are, by their terms, to be implemented and maintained over time, if any of such conditions fai I to be so Page I of 38 '1D 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 ffom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising rrom challenges to the Village Seven SPA, Tentative Maps, and Final Second Tier EIR (Final EIR 04-06) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The Applicant shall comply with all applicable Village Seven SPA conditions of approval, (PCM 04-05) as may be amended from time to time. (Planning) 6. Prior to the approval of the first "A" map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Seven SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a form approved by the City Attorney. (Planning) 8. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions ofthe Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation ofan annual report monitoring the development ofthe community ofOtay Ranch. The annual monitoring report win analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to the GDP/SRP, as amended ffom time-to- time (Planning) 9. In accordance with mitigation measure 4.3-2 of Final ErR 04-06 and associated MMRP, no units within Village Seven shall be constructed which would result in the total number of units within the Eastern Territories exceeding 8,990 (the start date for counting is January I, 2003), prior to Page 2 of 38 7:D the construction of SR-125 between SR-54 and the International Border. Therefore, prior to approval of the first final map within the Project, Developer shall enter into an agreement with the City ofChula Vista, wherein Deve10per acknowledges and agrees that the City shall not issue building permits for residential units within Village Seven, priorto the completion ofSR-125 to the International Border. Notwithstanding the foregoing, the City may issue building permits if the City Council, in its sole discretion, determines that each of the following conditions have been met: (l) SR-lZ5 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening ofSR- 125 to Olympic Parkway provides additional capacity to mitigate the project's cumulatively significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits ifthe City Council, in its sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. (Engineering) 10. The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. (Planning) ENVIRONMENTAL 11. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in final EIR 04-06 (SCH#20031l1 050), the candidate CEQA Findings and MMRP for this Project. (Planning) 12. 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 Final EIR 04-06 (SCH #2003111050) and MMRP. (Planning) 13. The Applicant shall apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department ofFish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning) 14. Prior to the approval of each final "B" map for the Project, the Applicant shall comply with all requirements and policies ofthe 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) Page 3 of 38 '1D 15. Prior to the issuance ofthe 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) 16. Simultaneously with conveyance ofland to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adj acent 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) 17. Prior to the approval of each final "8" map for the Project, Applicant shall comply with all requirements of the Village Seven SPA Plan Agricultural Plan. (Planning) 18. The Developer agrees to convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use ofthe land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount ofland equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each final map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase I and 2 RMP guidelines until such time when the POM has accepted the conveyance property. (Planning) 19. Prior to approval of the first "8" 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 20. In accordance with mitigation measure 4.4-1 of Final EIR 04-06 and associated MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise threshold for residential units along Birch Road and La Media Road shall be approved by the Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in conformance with the aforementioned study as well as the noise analysis contained in EIR. 04-06 and the associated MMRP. The noise barrier plan shall be submitted for review and receive approval by the Director of Planning and Building, Environmental Review Coordinator, Director of Public Works and Director of General Services prior to issuance ofthe first grading permit for the Project. This noise barrier plan shall be incorporated into the wall and fence plan, a Page 4 of38 1/]) component of the Landscape Master Plan. Should Developer request modification of the approved wall and fence plans, Developer shall provide additional acoustical analysis ifrequired by the Director of Planning and Building and Environmental Review Coordinator. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property unless a MHOA is formed to maintain sound barriers to the satisfaction ofthe Director of Public Works and the Environmental Review Coordinator. (Environmental, Engineering) 21. Noise barriers shall be secured to the satisfaction of the Director of Public Works prior to approval of the first "B" 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) 22. Unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Study required by mitigation measure 4.4.1 and the Acoustical hnpact Analysis by Giroux & Associates, dated June 1, 2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, 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 ofChula 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) 23. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Seven SPA Plan Area with all other developers/applicants within Village Seven including phasing, grading, improvements and dedication ofright-of-way. (Planning) 24. 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 parce1 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) 25. Prior to approval of the first final "B" map for the Project within the tentative map, the developer may submit and obtain the approval ofthe 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 Page 5 of 38 '1b lot dedications, the backbone street dedications and utility easements required to serve the" super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single-family residential units. An "A" map shall not be considered the first final map as indicated in the conditions of approval unless said Map contains single family lots, stock co-operative, community apartment, condominium lots or multi-family lots as shown. (Engineering) 26. The subsequent development of a multi-family lot which does not require the filing of a "8" 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) 27. In the event of a filing of a final '8' 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 1aw and City ordinances). (Engineering) DESIGN 28. Any proposed monumentationlsignage shall be consistent with the Village Seven 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) 29. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the Director of Planning and Building. Prior to issuance of the first building permit, Applicant shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 30. In addition to the requirements outlined in the City ofChula Vista Landscape Manual, privately maintained slopes in excess of25 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 shan be planted in staggered clusters to soften and vary the s10pe plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval ofthe corresponding final map. (Planning, General Services) 31. Street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Seven Design Plan, Page 60f38 f1D Village Seven SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, General Services and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director of General Services and the Director of Public Works. (Planning, General Services) 32. The Applicant shall install all street trees in accordance with Section 18.28.10 ofthe Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of General Services and the Director of P1anning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of Genera1 Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in the locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval ofthe street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning. General Services) 33. Prior to the first final map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning and Building a SPA-wide signage plan if such plan has not been already produced by the Applicant for another final map within the SP A. Such plan shall address trails, cart and off-street bicycle circulation and street crossing. Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall install approved signs concurrent with related improvements or upon request by the City. (Engineering, Planning) PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 34. 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 Seven PFFP, the Applicant shall construct or enter into an agreement to construct and secure all street improvements as req uired 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) Page 7 of 38 ']D 35. Construct a protective fencing system at the inlets and outlets of stonn 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) 36. Construct energy dissipaters at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 37. Improvement Plans for Magdalena A venue shall include a pedestrian crossing for the extension of a 10- foot W olfCanyon trail at the entrance of the Park. The pedestrian crossing shall connect the segments of the Regional Trail to the satisfaction of the City Engineer and Director of General Services. The Improvement Plans shall also include a I O-foot sidewalk on the eastside and parallel to Magdalena from W olfCanyon to the entrance ofthe Park. (Engineering, General Services) 38. Prior to approval of each final map for the Project, acquire and then grant to the City all off-site right-of-ways 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 of General Services 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 Seven 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. The amount ofthe security for required improvements, including landscape and irrigation plans, shall be 110% times a construction cost estimate approved by the City Engineer and the Director of General Services 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 of General Services if related plans have not been submitted for City review, The landscape and irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master Plan, to the satisfaction of the Director of General Services. A lesser percentage of bonding may be allowed if it is demonstrated to the satisfaction ofthe City Engineer and the Director of General Services that sufficient data or other information is available to warrant such reduction. (Engineering, General Services) 40. Upon: 1) approval of the final "B" map for the Project that triggers the Cumulative DU's, ("Table' Am) below; or, 2) approval of the first map for a Specific Planning Area, (Table 'B''') Page 8 of 38 rJD below, whichever occurs earlier, consistent with the Village Seven 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 ofthe Municipal Code, the required street improvements: (Engineering) Table "A" Village Seven Public Facilities Matrix Public facilities required to be constructed by Village Seven and cumulative unit trh",ers Facility Description Cumulative Roadway Unit TriQQers' 1 La Media from Birch Road to Santa Luna 1) 2 Santa Luna from La Media Road to Magdalena Ave, 1) 3 Magdalena Avenue - Birch Road to Webber Ave, 1 4 Magdalena Avenue - Webber Ave. to WolfCanvon LOaD 120 5 Magdalena Avenue - Wolf Canvon LOOD to Peabodv 200 6 Peabodv - Magdalena Ave. to WolfCanvon LOaD 200 7 Wolf Canvon LOOD - Magdalena Ave. to Koester St. 200 8 Wolf Canvon LOOD - Koester St. to Peabodv 200 9 Bob Pletcher Wav - WolfCanvon LOOD to SR-125 600' 10 Magdalena A venue - Peabodv Wav to Rock Mountain Rd. (2) 11 Rock Mountain Rd. - Magdalena Ave. to SR-125 (2) 12 Ví1lage Pathwav and Sidewalk along south side of Birch Rd. (4) (1) Developer shall agree to construct and to secure the facility prior to the Final Map that triggers the cumulative DU's or EDU's as defined in this Table. (2) The ROW for these improvements will be dedicated prior to the approval of the first final map as provided in the PFFP: if a grading permit for the High School site has been issued, or the High School project is approved by the Division of the State Architect. Developer shall agree to construct and secure the improvements prior to the approval of the first final map. The time to perfonn the construction of these improvements may be extended by the City Engineer. (3) The number of units prior to construction of these facilities may be increased at the sole discretion of the City Engineer, but in no event in excess of350 units in all of the Village Seven project, in accordance with the PFFP as follows: 1) if it is determined that the enrollment in High School is less than or equal to 1,600: and 2) a traffic study is submitted to and approved by the City Engineer that demonstrates that the intersection of Birch Road and Magdalena Ave. will meet both LOS and design standards criteria; and 3) Developer shall provide evidence that grading operations for these facilities are substantially completed and that roadway improvements for these facilities are progressing adequately toward completion. (4) Upon completion of the grading along Birch Rd. the 10' pathway and 5' sidewalk shall be constructed in accordance with the approved Improvement Plans for Birch Rd, Phase 1. (5) Trigger applies only in the case that Pletcher Way connects to the development east ofSR 125, Page 9 of 38 t7D Table ~~B" Village Seven Specific Planninp' Area Trip'P'ers Area Roadway Roadway Required for Access ("A") Or Frontage ("F")' R-l 3 A,F R-5 3,4,7, A (3,4,), F R-6 3,4,7,8,93 A (3,4,7) F R-7 3,4,5,6,7,8 A (3,4,7), F (1) Agree to construct and to secure the facility prior to the first final map in this planning area. (2) Numbers in Parenthesis in this column refer to the facility providing the access. (3) Requirement for facility #9 shall be to construct to first driveway serving Neighborhood R6. 41. 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) 42. The Applicant shall participate in the funding ofrevisions 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) 43. Prior to approval of any final map for the Project 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 Luna · WolfCanvon LooD and Magdalena Avenue · Magdalena Avenue and Peabodv · Magdalena A venue and Santa Luna · Rock Mountain Rd. and Magdalena Ave. The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) Page 10 of38 'lD 44. Submit to and obtain approval by the City Engineer of striping p\ans for an promenade, co\\ector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 45. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban-Wildland Interface Area for Village Seven, as may be amended from time to time, Prior to the approval of the first final map, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted to for approval by the City OfChula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building pennit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. (Fire, Planning, Engineering) 46. 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) 47. 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) 48. Design all vertical and horizontal curves and intersection sight distances to conform to the CalTrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves, must meet intersection design sight distance requirements in accordance with City standards. Sight distance easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City ofChuJaYista policies, where a conflict exists, the City ofChula 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) Page 11 of38 r¡þ 49. Prior to approval of each final map for the Project, 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) 50. Prior to approval of the first final map for the Project, Applicant shall enter into an agreement with the City, to construct and secure, and thereafter construct and secure, to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements for providing ingress and egress to the Elementary School (S-3). This requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, planting and irrigation improvements; and, b. If warranted and upon the request of the City Engineer, traffic signal improvements for providing vehicular ingress and egress to the Elementary School S-3. (Engineering) 51. Applicant shall enter into an agreement with the City, prior to the approval of the first map for the Project 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 Seven Design Plan and Village Seven 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, BRT System or other transit system. (Engineering) 52. Alleys shall be constructed to City of Chula Vista standards, (Engineering) 53. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet applicable "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested with respect to those improvements authorized by a construction permit, as determined by Federal regulations, after construction has commenced consistent with an approved improvement plan and construction permit. (Engineering) Page 12 of38 Ill) 54, The Applicant shall not install privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: I. Apply for an encroachment permit for installation ofthe private facilities within the public right-of-way; and, II. Maintain membership in an advance notice such as the USA Dig Alert Service; and, 111. Mark out any private facilities owned by the developer whenever work is performed in the area; and, IV. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 55. 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) 56. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) 57. Prior to approval of each final map for the Project, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance ofthe first building permit for production homes for the applicable final map. No two intersections shall have the same name. (Engineering) 58. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and Greenspan Traffic Study for Village Seven, dated June 7, 2004, or as required by the City Engineer (Engineering). 59. Prior to the approval of the first final map the applicant shall secure the installation of one permanent traffic count station by making a cash deposit in the amount of $17,500. (Engineering) Page 13 of 38 1D GRADING AND DRAINAGE 60. The Applicant shall provide drainage improvements in accordance with the Otay Ranch Village Seven Village of Vista Verde Preliminary Drainage Study, dated May 24,2004, or a subsequent Hydrology Study submitted to and approved by the City Engineer. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the City or an 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) 61. Prior to approval of any grading permit or any other grant of approval for constructing the proposed extended detention and water quality treatment basins, whichever occurs earlier, the Applicant shan demonstrate that the design ofthe proposed extended detention and water quality treatment basins would reduce the 2-, 10-, and 100-year post-development peak flows, to any natural drainage course to an amount not exceeding pre-development conditions, to the satisfaction of the City Engineer (Engineering) 62. 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. maintained Open Space lots. (Engineering) 63. 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) 64. Prior to the issuance of any grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 65. Storm drain design shall conform to the requirements ofthe Subdivision Manual and the Grading Ordinance as may be amended from time to time. (Engineering) 66. Provide improved all-weather access with H-20 loading, based on a minimum traffic index (TI) of 5, to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 67. All City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center Page 14 of 38 rr:Þ each way) and heavy broom finish for any access road with grades of 8% or greater. Access roads greater than 5% but less than 8% must, at minimum, be asphalt concrete designed to carry H-20 loading. All other access roads at grades less than 5% may be Class II base. 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. Additional paving requirements in excess of the above may be required when determined necessary at the discretion of the Director of PubJic Works-Operations (Engineering) 68. 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) 69. Grant on the appropriate final "B" map a l5-foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 70. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall comply with the City ofChula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMPs) to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 71. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 72. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) Page 15 of38 IlD 73. Brow ditches perpendicular to slopes greater than 10 feet in height and steeper than 3: 1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The Applicant shall ensure that brow channels and ditches emanating 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) 74. 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) 75. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. 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, Planning) 76. Provide a minimum of three (3) feet of flat ground access from the face of any City maintained wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 77. Provide a setback, as determined by the City Engineer and is 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) 78. 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) 79. 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) 80. 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 Seven SPA Plan consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning) 81. Prior to the approval of the first map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: Page 16 of38 r-rb a. Comply with the requirements ofthe Storm Water Management Standards Manual including revision of approved grading and or improvement 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 and damages 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. 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 shan 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 82. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: a. Be located at the centerline of streets or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c. Not be in the wheel tracks on Promenade Streets and higher street classifications; and, d. Meet Regional Standard Drawing M-4 (Locking) iflocated within intersections of Class I Collectors and above; and, e. Have improved all-weather paved 12-foot wide minimum access to withstand aH-20 vehicle load as approved by the Director of Public Works; and, f. Be provided at all changes of alignment of grade. (Engineering) 83. 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 Page 17 of38 IJ-D analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of ED Us contained in all final map for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or fÌom within the Poggi Canyon gravity basin. 84. The Village Seven sewer improvements shall be consistent with the Village Seven Conceptual Sewer Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by the City Engineer. (Engineering) 85. Sewers serving 10 or less equivalent dwelling units shall have a minimum grade of I % and/or a velocity of2' per second, or as approved by the City Engineer. Sewer Jines 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) 86. 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) 87. Prior to issuance of any building permit for equivalent dwelling units (EDU' s) I through 190 in the Proj ect within the Poggi Canyon Sewer Basin, the Poggi Canyon Gravity Sewer D IF in effect at the time of issuance shall be applied to each building permit. In the following cases, the Salt Creek Sewer Interceptor DIF in effect at the time of issuance shall be applied to each building permit: 1. any EDU to be issued after the 190111 building permit, regardless of which sewer basin the unit is located; 11. any EDU located within the Salt Creek/Wolf Canyon Sewer Basin (Engineering) PARKS AND OPEN SPACE 88. The Village Seven Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17. The ordinance establishes a requirement that the project provide 3 acres ofloca1 parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion ofthe local park requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that enable the provision of a 7.0 net useable-acre Neighborhood Park (P-l). The remaining requirement shall be satisfied in a future Community Park through the payment offees, dedication ofland, or a combination thereof in a manner acceptable to the Director of General Services. Common useable open space (CUOS) shall not receive park credit. (General Services) Page 18 of38 !Jù 89. Prior to approval of the first "A" Map for the Project, the Applicant shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it affects facility and other related requirements for the Project's parks. (General Services) 90. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual, City of Chula Vista Parks and Recreation Master Plan and related General Services Department specifications and policies. (General Services) 91. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director of General Services of a comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be indicated by means ofthe Director of Planning and Building, or designee's signature and date on said Plan. The contents of the LMP shall conform to the City staff checklist and include the following major components: a. Maintenance Responsibility Plan (delineates private and public property and indicates the maintenance responsibility for each); b. Master Irrigation Plan (includes mainline and point of connection locations); c. Master Planting Plan (includes landscape concept statement); d. Brush Management Plan (identifies brush management zones and treatment, if any); e. Hardscape Concept and Trail Plan (identifies types and finishes of paving); f. Utility Coordination Plan (includes locations of major utility boxes and vaults); g. Conceptual Wall and Fence Plan (includes the previously approved noise barrier plan); and h. Monumentation and Signage Plan (includes enlargements of entry monument locations and signage concepts) 92. 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, General Services) 93. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, submit, and secure to the satisfaction ofthe Director of Planning & Building all landscape 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 and irrigation slope erosion control in accordance with Page 19 of38 11) approved plans no later than six months from the date of issuance of the grading pennit. 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, and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, General Services) 94. Prior to the approval of any final "B" map for the Project, the Applicant shall obtain approval of a Wall and Fence plan from the Director of Planning and Building. The Wall and Fence Plan shall be in conformance with the Village Seven SPA Plan and shall identify location of walls, constructions materials and color, and wall and fence types. The Plan shall also identify location and type oftrial signage proposed throughout the development. Final wall design, location and construction details, including fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to approval by the Director of Planning & Building. (Planning) 95. The conceptual 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 corner 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 04-06 and the Village Seven SPA Plan. Upon Request of the Director of General Services, Applicant shall update the project's landscape master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan (Planning, General Services) 96. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval ofthe Director of Planning and Building. Applicant shall work together with other developers of Village Seven to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. (Planning) 97. Prior to the issuance of each street construction permit for the Project, the Applicant shall prepare and secure, to the satisfaction ofthe City Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Seven 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 of General Services and the City Engineer. (General Services, Engineering) 98. Applicant shall install underground utilities to the property line of the Project's park site (P-l) to the satisfaction of the Director of General Services and the City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site or Page 20 of 38 11 upon request of the General Services Director, whichever occurs earlier. (General Services, Engineering) 99. Prior to the approval of the first "A" Map, the Applicant may enter into an agreement with the City of Chula Vista to pay a portion of the Park Development Fees, which, in the discretion of the Director of General Services, is sufficient to fund the design of the neighborhood park. The balance of the PAD Fee obligation shall be met in the manner stated in CVMC Section 17.10.100, collection and distribution of fees. In the absence of a written agreement provided for herein, the applicant shall pay all applicable PAD fees prior to the recordation of the first final map whether "A" or "B" Map. (General Services) 1 00. Prior to approval ofthe first "A" Map for the Project, Applicant shall provide an Irrevocable Offer of Dedication (IOD) to the City, in a form approved by the City Attorney, for the project park site identified as (P-l). Park site shall include public access to the satisfaction of the Director of General Services. The park net acreage and the park Parkland Dedication Ordinance (PDO) credit to be received by the Applicant are based on net usable park acreage as determined solely by Director of General Services. Upon request from the Director of General Services, Applicant shall provide an all-weather access road to the park site to the satisfaction of the Fire Marshal and Chief of Police and at no cost to the City. (General Services) 101. Applicant shall rough grade the Project's park site (P-l) as shown on the approved grading plan, at no cost to the City, which costs shall not be credited toward PDO, to the satisfaction of the City Engineer and the Director of General Services. (General Services, Engineering) 102. Applicant shall submit grading and/or construction plans for that portion of Magdalena A venue which borders Park P-l to show that Magdalena A venue meets elevation requirements as approved by the City Engineer and as generally shown on the conceptual design for the Elementary School & Park included within the SPA plan. Applicant acknowledges that should the Park P-l site fail to accommodate a 7.0 net usable acre park based on the approved Village Seven Park Master Plan, then the deficiency shall be provided at a location approved by the Director of General Services. (General Services, Engineering) TRAILS 103. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Directors of Planning and Building and General Services. (Planning, General Services) 104. When trails extend to the property limits and are intended to continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing materials and construction methods so as to provide a seamless transition rrom one ownership to another. (General Services) Page 21 of38 ~D 105. Prior to the approval of any final 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. (General Services) 106. The Applicant shall, concurrent with the construction ofthe Wolf Canyon Water Quality and Detention Basins, construct a "Regional Trail" along the south side of the basins from Magdalena Avenue to W olfCanyon Loop as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. A connector trail shall also be constructed concurrent with said Regional Trai1 from the Regional Trial to OS- 10. The connector trail shall include a pedestrian bridge crossing the drainage channel. The pedestrian bridge plan, profile and design shall be shown on the Landscape Master plan to the satisfaction ofthe Director of General Services. The regional trail design shall be suitable for H- 20 loading. (General Services, Engineering) 107. The Applicant shall, concurrent with the construction of the Bob Pletcher Way improvements, construct a "Regional Trail" along the south side of the street from Wolf Canyon Loop to the Eastern Urban Center (EUC) as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended fTom time to time. (General Services) 108. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the Tentative Map. The retaining walls are to be located and detailed on all applicable grading plans for the Project, and subject to the approval of the Directors of Planning and Building, Public Works and General Services. Slope gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform grading policies shall be observed and followed. If a combination oflow retaining walls and modified 1andform grading cannot accommodate any constraints or maintenance access areas, the top of slope shall be adjusted, as City deems necessary. (General Services) 109. Neighborhood connector trails located within the Project shall provide a minimum 6-foot wide decomposed granite (DG) or cement treated base (CTB) trail bed, or as approved by the Director of General Services. Where down slopes (exceeding 4: I) occur adjacent to the trial, an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the most current edition of the Chula Vista Landscape Manuel, as amended from time to time. All trail construction materials shall be subject to the approval pfthe Director of General Services. (General Services, Public Works) 110. Applicant shall obtain the approval ofthe Director of Planning and Building for appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Page 22 of 38 1ft Regional Trail, Village Pathway, and Chula Vista Greenbelt. Said signage shall be included on the Wall and Fence Plan. Signage shall be installed upon the request ofthe Director of Planning and Building. (Planning) Ill. 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. (General Services) OPEN SPACE/ASSESSMENTS 112. In the event Developer wishes to request the formation of a Maintenance District or similar funding mechanism, the Developer shall submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shall be formed prior to approval of the first "B" map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first map Along with submission of the application package for formation of the CFD, Developer shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process offormation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. (Public Works) 113. Prior to the approval of the first final "B" Map, the developer shall: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, Page 23 of 38 '7D b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: I. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space 10t 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. 11. The proportional share of medians and parkways along Rock Mountain Road, Magdalena A venue and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. 111. The proportional share ofthe detention basin located in the Poggi Canyon Basin and the Wolf Canyon Extended Detention Basins and Water Quality Treatment forebay in accordance with the "Maintenance Plan for Wolf Canyon dated, July 15,2004. IV. All storm-water quality structural BMP's serving the Project. (Engineering) 114. Developer shall irrevocably offer for dedication in fee interest to the City on all applicable final maps, those open space lots shown on the tentative map to be maintained by an open space district. (Engineering) 115. Prior to the approval of each final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: Page 24 of 38 11> 1. All open space lots that shall remain private, 11. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval fTom the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall defend, indemnify and hold harmless the City and its agents, officers and employee 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 written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the Page 25 of 38 ìJD future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering. Planning) 116. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Deve10per shall submit the document and obtain the approval ofthe City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. (Engineering, Planning) 117. Lot OS-25 shall be maintained by a maintenance entity as determined by the Director of Planning and Building based on City Council poJicy. The facilities in Lot OS-25which, shall be maintained by a maintenance entity include, but are not Jimited to: pavements, sidewalks, street lights including power supply, private drainage facilities and landscaping of private common areas. Lots OS-25, Common Usable Open Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and contains amenities to the satisfaction of the Director Planning & Building. Construction shall be completed prior to the issuance ofthe final building permit in Neighborhood R-lb. (Engineering, General Services) 118. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured /Tom face-of-wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of P1anning and Building. (Engineering, Planning) 119. Developer shall ensure that all buyers of individual lots adjoining open space lots, containing walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modify or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R's for all lots. (Engineering) 120. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of General Services 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, General Services) 121. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. (Engineering) 122. 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 homeowners 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. (Engineering. General Services) Page 26 of 38 \1]) 123. 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 ofthe 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 General Services, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, 6 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 months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of General Services. (Engineering, General Services) WATER 124. 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) 125. Prior to approval of each Final Map, present verification to the City Engineer in the form ofa 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) 126. 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 ofthe California Government Code, as may be amended from time to time. (Engineering) 127. Prior to approval of the first final map for the Project the Developer(s) shall provide a Sub Area Master Plan (SAMP) for Village Seven, as approved byOtay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) sha1l provide the water and recycled water improvements in accordance with the SAMP . The SAMP shall be consistent with the SP A Plan. Ifthe SAMP is Page 27 of 38 r¡'Ù inconsistent with the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the approval of the first map for the Project. (Engineering) EASEMENTS 128. Grant to the City a 10' wide easement for general utility purposes along public street rrontage 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) 129. 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 pubJic facilities necessary to provide service to the subject subdivision. (Engineering) 130. Grant on the applicable Final Maps sight distance easements to the City ofChula Vista for comer 10ts, 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) 131. 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) 132. 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) 133. Grant to City on all appropriate tìnal "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) 134. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 135. 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 Page 28 of 38 ']]) portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. (Engineering) 136. Prior to the approval of each final map for the Project, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 137. The developer shall notify the City at least 60 days prior to consideration ofthe first map for the Project by City if any off-site right-of-way cannot be obtained as required by the Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off-site improvements as required by the City Engineer. (Engineering) 138. Grant on the final maps minimum 15' wide easements to the City ofChula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 139. 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) 140. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each final map for the Project requiring those facilities. The easements shall be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 141. 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 Page 29 of 38 rfb either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 142. 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 shall meet City standards for required width. (Engineering) 143. Additional easement widths shall be granted to the satisfaction ofthe City Engineer and the Director of General Services to accommodate a 10-foot Regional Trial on the eastside of Magdalena along the Park site. (Engineering) 144. Prior to the approval ofthe first fina1 map for the Project, an Open Space lot shall be created over the slopes adjacent to the school lot S-3 along the park lot P-l, Magdalena Avenue and Peabody Street. Said Open Space lot shall be offered for dedication on the final map with the intent of maintenance thereofbeing the responsibility of a future Community Facilities District. (General Services, Engineering) AGREEMENTS/FINANCIAL 145. Enter into a supplemental agreement with the City, prior to approval of each final map for the Project, where the developer agrees to the following: a. That the City may withhold building permits for the Project in order to have the Project comply with the Growth Management Program, as maybe amended rrom time to time, or if anyone of the following occur: 1. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended rrom time to time, have been reached. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. 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 City Engineer. 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 Seven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. Page 30 of38 1]1 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 the defense. c. Permit all cable television companies franchised by the City ofChula 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 of Chula Vista, the condition of such grant being that: I. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and 11. 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 fÌ'om time to time be, issued by the City ofChula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 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 ofthe 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. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering, Planning) 146. 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). Page310f38 ìJD b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction ofregional facilities. (Engineering) 147. Prior to approval of each final map for the Project, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning) 148. Prior to approval of each final map for the Project, the Applicant shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 149. 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) 150. Prior to approval of the applicable final map for the Project, 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 fom1 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) 151. No final "8" Maps may be recorded within Village Seven 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) 152. Prior to approval ofthe 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 fonnation of any potential future regional benefit assessment district formed to finance the transit system. (Engineering) Page 32 of 38 ìJD 153. 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 of General Services and approved in form by the City Attorney. (Engineering, General Services) 154. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval of Developers' first final map, regarding the provision of affordable housing. Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Seven Affordable Housing Plan. (Engineering) SCHOOLS 155. The Applicant shall deliver to the Chula Vista Elementary School District, Lot S-3 to the satisfaction of the School District including utilities provided to the site and an all weather access road acceptable to the District. The all-weather access road shall also be acceptable to the Fire Department. This schedule is subj ect to modification by the School District as based on District facility needs. (Planning) 156. Prior to the first final map the Developer shall coordinate with the High School District the delivery of the High School Site S-l as shown on the Tentative Map. (Planning) MISCELLANEOUS 157. The Developer shall implement the final AQIP measures as approved by the City Council, and as may be amended ITom time to time, and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). (Planning) 158. The Developer acknowledges that the City Council may, ITom time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shall modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect ofthe subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended ITom time-to-time shall be implemented. (Planning) 159. The Developer shall implement the final WCP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). (Planning) Page 33 of38 1]) 160. The Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City ofChula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. (Planning) 161. The Applicant shall install all public facilities in accordance with the Village Seven 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) 162. 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) 163. Within thirty (30) days of the City Council approval ofthese map conditions, or prior to the submittal ofthe first map for the Project, whichever occurs earlier, the Developer shall submit a digital drawing file ofthe tentative map in its approved form. The drawing projection shaH be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shaH combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 y,' disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) Page 34 of 38 r-¡D 164, 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 ofthe 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) g. Open Space maintenance areas with maintenance codes (polygons, annotation) h. Public and private structural BMP's (annotation) The tentative map, final map, grading plan and improvement plan digital files shall also conform to the City ofChula Vista Subdivision Manual requirements therefore. The digital drawing files shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 Yz" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 165. On each final map, the boundary ofthe subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 166. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund a fair share 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 and is to be completed during the second quarter ofthe following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D ofthe 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) 167. 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 (0 land use planning and architecture. (Planning) Page 35 of 38 11 168. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation ofthe applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the Developer prior to approval ofthe applicable "B" Map shall be at the developers own risk. Prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) PHASING 169. Phasing approved with the SPA Plan maybe amended subject to approval by the Oirectorof Planning and Building and the City Engineer. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Planning, Engineering) 170. If phasing is proposed within an individual map or through multiple finaJ maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. hnprovements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Oirector 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) 171. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as required to meet threshold standards adopted by the City ofChula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out ofVillage Seven SPA, actual development may di ffer from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Seven SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City ofChula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern Village Seven 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 Page 36 of 38 'lb 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) 172. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning and Building, prior to approval of any final map proposing the creation of multi-family housing for the Project, including any 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 within the Project pursuant to Section 66426 ofthe Subdivision Map Act, unless waived in writing by the Director of Planning and Building and the City Engineer. (Engineering, Planning) CODE REQUIREMENTS 173. The Applicant shall comply with all applicable sections ofthe Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 174. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-l25 impact fee. e. Poggi Canyon or Salt Creek Sewer Basin DlF as applicable. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 175. 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) 176. 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) 177. 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 Page 37 of 38 tJi) limited to: threshold standards (19.09.04), public facilities fmance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) H:\COMMDEV\JimHIVillage7CC1012041V7 PCS-05-07 Conditions CC 101204.doc10/8/2004 Page 38 of 38 r(D COUNCIL AGENDA STATEMENT 7.£ Item No.: Meeting Date: 10/12/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA TRACT 05-09 SUBMITfED BY' D"='~ ofP1mmiog rnd BWld~ M~ REVIEWED BY: City Manager A vV' This report provides background and analysis for consideration of a Tentative Subdivision Map 05-09 for a portion of Otay Ranch Village Seven Sectional Planning Area Plan - Otay Project L.P. (4/5ths Vote: Yes _ No -X...) RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving Tentative Subdivision Map 05-09 in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed the draft Environmental hnpact Report on July 19, 2004. The Planning Commission reviewed the Draft Environmental hnpact Report on July 28, 2004. Recommendations and actions rrom those reviews are discussed in the agenda item related to the Environmental hnpact Report. The Planning Commission reviewed TM 05-07 and adopted the attached Resolution PCS 05-07 recommending approval by the City Council, by vote of 5-0, with two absences. The minutes of the Planning Commission hearing are attached. ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment; therefore, a Second-Tier Environmental hnpact Report (EIR #04-06; SCH# 2003111050) has been prepared. Certification /7£-1 Page 2, Item:10 Meeting Date: 1 011 ?!O4 of the Second-Tier Environmental hnpact Report for this project (EIR 04-06) will be considered as a separate agenda item by the City Council. BACKGROUND Location The subdivision comprises primarily the northwestern quarter of Village 7, together with extensions of La Media. It is bounded by Birch Road on the north, the proposed Magdalena on the east, and La Media the west. The site surrounds on three sides the 50-acre FAA VORTAC parcel. Also included with this application and evaluated is a grading balance site within Otay Ranch Village 4. General Plan, Zoning and Land Use Criteria Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the pending Planned Community (PC) District Regulations within the SPA plan, The Village 7 PC District Regulations establish separate zoning districts for the village land uses. DISCUSSION: Description of the Proposed Subdivision Request Otay Project LP has applied for approval of a tentative subdivision map to subdivide an approximately 105-acre site comprising the western portion of Village 7 in the Otay Ranch. The tentative map proposes dividing Otay Project's portion of Village 7 into three single-family neighborhoods comprising 375 lots on approximately 51 acres, a Community Purpose Facility site of 0.8 acres, public rights-of-way and both natural and altered open space. In addition to the subdivision of lots, the application seeks approval of grading design, inITastructure improvements and rights-of-way to serve the neighborhoods. Pnrrplimtinn These land uses are proposed to be consistent with the arrangement and uses as authorized by the Village 7 SPA plan. Table 1 details the lots, uses and sizes as proposed. Table 1. Inventorv of Lots and Uses NEIGHBOR- DISTRICT USE ACRES UNITS AVE LOT HOOD fSee Note) SIZE R-2A SF4 SFDs 24.0 150 3816 sf R-2B SF4 SFDs 16.7 169 3019 sf R-2C SF4 SFDs 10.3 56 5841 sf CPF CPF Community 0.8 N/A N/A OS-1-OS-4 OS/Pl Onen Snace 38.7 N/A N/A 2 '/;::-- , - .--..... ; .¿-- Page 3, Item:1b Meeting Date: 1 011 ? 104 Note: Districts are per the pending Village 7 PC District Regulations, defined as: SF4 - Single-Family Four: Zoning District which permits single-family housing located on lots <5,000 square feet. CPF - Community Purpose Facility: Zoning District which permits uses which may be established pursuant to the Community Pwpose Facilities Ordinance Section of the City of Chula Vista Planned Community Zone District. OSIP I - Open SpacelPark 1: District which includes developed or usable open space areas and park uses, and may include naturalized open space. (;rnding. The grading proposed by the subdivision application would provide for a cut and fill totaling 6,642,800 cubic yards (3,321,400 cubic yards of cut and 3,321,400 cubic yards offill), Cut and fill areas include the areas parallel to and south of Birch Road. Some fill will occur in the drainage which extends eastward rrom the head of Wolf Canyon and offsite public improvements. Cut and fill will be balanced using an off-site borrow within the future Village 4. Tnfrmfr1Jrt1Jrp/Tm,nrnVl>ment< This subdivision proposes a number of public facilities and infrastructure improvements in support of the uses above and in accordance with the requirements of the City's subdivision polices and regulations. A generalized inventory of public improvements proposed within the subdivision are listed in Table 2. Table 2. Infrastructure and Imnrovements Item Location Description Dimensions Magdalena From Birch Road to Modified Village ¡:¡ 108' Right of Way Wolf Canyon Loop Entry Street Road ¡:¡ 4- Lanes and Santa Luna to with right-of-way and (Emergency Rock Mountain [off- traffic control Parking only) site] improvements, ¡:¡ 6' Median including an off-site ¡:¡ Village Pathway extension to Rock parallel Mountain Road Magdalena Between Wolf Modified Secondary ¡:¡ 90' Right-of-way Canyon Loop and Village Entry Street ¡:¡ 2-Lanes Santa Luna ¡:¡ 6' Median ¡:¡ Village Pathway narallel La Media From Birch Road to Six-Lane Prime ¡:¡ 128' Right of Way Santa Luna Street Arterial with right-of- ¡:¡ 6- Lanes way and traffic control 0 16' Median improvements ¡:¡ Regional Trail on both sides, south of Wolf Canvon 3 r-1 ____ "1, I· - ]: -' ,j Page 4, Item: 7 6 Meeting Date: 10/1?!O4 Santa Luna Street From La Media to Secondary Village 0 61' Right of way Magdalena Entry Street with 0 2-Lanes right-of-way and grading only per this man. Internal streets and Within subdivision Residential 0 58' Right-of-way ways. neighborhoods classification streets 0 2-Lanes with immovements. 0 32' Curb-to-Curb Open Space and Magdalena to La Open space; Drainage Media, in Open Space landscaping; drainage Improvements structures; regional trail and local trail connectors Utilities and Throughout Sewer, water, storm Inrrastructure drainage and other utility svstems Vehicular access to this subdivision will be provided by Magdalena, which will extend southerly rrom Birch Road to Rock Mountain Road, providing two points of access to the future arterial system. Initial public street access will be provided solely via the connection to Birch Road. A subdivision condition limits residential unit construction pending availability of a second connection to the west via the off-site Santa Luna and northward via an extension of La Media. A further condition restricts the release of residential building permits to coincide with the full completion of SR 125. That condition further provides the City Council with the ability, if it so chooses, to authorize issuance of building permits prior to that time under certain conditions where the highway is completed north of Olympic Parkway and traffic models prove available capacity to the satisfaction of the City. The condition also reserves for the City Council its capability to limit or authorize issuance of residential building permits consistent with any future actions related to the Growth Management Ordinance. The northern portion of the subdivision comprises the primary current development area of the site, containing single-family units and the internal street system. Consistent with the policies of the Otay Ranch General Development Plan (GDP), a grid-pattern street system has been designed to minimize residential cul-de-sacs and provide multiple points of access throughout the subdivision. In addition, several alleys parallel to residential streets allow those streets to be narrower and rree of driveways. Trail. Parh and n.npn SpaN Pedestrian routes and trails are proposed throughout the subdivision to connect internal paths to regional trails. A village pathway, a 15.foot wide hardscape path along Magdalena, will connect rrom the Village Core area to Birch Road. A regional trail is proposed within the large open space greenbelt parcel between the VORTAC site 4 .- I I'- f L_ ::1 , ...-- Page 5, Item: Î~ Meeting Date: 1 0/1 ? 104 and the residential neighborhood, in accordance with the system anticipated by the General Development Plan and the Greenbelt Master Plan. Access to this system is provided not only by the intersecting village pathway, but also via a side trail connecting directly into the residential neighborhood. Drainage control is also incorporated into this landscaped, trail-accessible feature. Community Purpose Facility. This subdivision will fulfill the CPF obligation as required in the SPA Plan and GDP by providing a 0.8-acre facility (CPF-l) within the R-2 neighborhoods, which will be developed as a focal point park. The map supports, but does not designate at this time reservations for further CPF acreage elsewhere in the village core, per the criteria set forth in the SPA document. Analysis The proposed subdivision subject to this application is consistent with and implements the approved Otay Ranch General Development Plan (as amended). Through concurrent processing, it is designed to fit exactly to the proposed Village 7 SPA Plan. The Tentative Map has addressed previous City Council concerns regarding vehicular access, narrower streets and multiple points of access to each neighborhood. The subdivision implements the objectives of the SPA, and provides the basis for review of facilities improvements and grading. Based on the foregoing, staff has drafted a resolution providing an affirmative basis of fmdings as required by the Municipal Code and the Subdivision Map Act. The resolution has as attachment a series of conditions of approval designed to clarify necessary performance in carrying out the subdivision and improvements, to further assure initial and long-term conformance of the subdivision with these standards. CONCLUSION: On the basis of the foregoing analysis, and in reliance on the resolution and conditions of approval as attached, staff has determined that the proposed subdivision merits the approval of the City Council. Attachments 1. Locator Map 2. Tentative Subdivision Map (Separate Document) 3. Planning Commission Resolution (PCS-05-09) 4. Planning Commission Minutes of September 22, 2004 1..:Hr()t..IfMT)¡::;V\T;m~vm"W'irrl01 ?()4\-¡;,;"..I~\rr _ "TJ;'QPT V7TMO.c¡(JQñn,,1 ~"" 5 c~ Otav Ranch Hiah School Villaae 7 ) PROJECT LOCATION II II II II II II II II " \\ \\ \\ \\ ~ ~ Freewov Commercial EUC ~~ '" %~ ~, ~~ '", \~ "~~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: ø APPLICANT: Otay Project LP OTAY RANCH TENTATIVE MAP PROJECT Village 7 Request A subdivision of approximately 105 acres into ADDRESS: 375 residential lots. SCALE: FILE NUMBER: NORTH No Scale PCS-05-09 EXHIBIT A J:\planning\carlos\locators\pcsOSQ9.cdr 09.23.04 n¡; I }", :.l' /Iff Ac.-HMe;'N r .3 RESOLUTION NO. PCS-05-09 A 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 THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA TRACT 05-09. I WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-09, and is commonly known as "Otay Ranch Village Seven Tentative Map", ("Property"); and, WHEREAS, a duly veritìed application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", ("Project"), was filed with the City of Chula Vista Planning and Building Department on August 24,2004 by Otay Project L.P., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 105 acres of land located east of La Media Road and south of Birch Road within Otay Ranch Village Seven SPA into 375 Residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, The City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental hnpact Report (Final EIR 04-06) has been prepared; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09, (PCS-05-09) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, rrom the facts presented to the Planning Commission, the Commission has determined that the approval of "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning Area 7 SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. rJ E f/ I Planning Commission Resolution PCS 05-09 Page 2 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Otay Ranch Village ISeven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) in accordance with the findings contained in the attached City Council Resolution. And that a copy of this 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 22nd day of September, 2004 by the following vote, to-wit: AYES: NOES: ABSENT: Cortes, ABSTENTIONS: Madrid, O'Neill, Hall, Horn, Castaneda Felber ~~~fJvr) Vicki Madrid, Vice Chair ATTEST: ~ ,: Y~r Diana Vargas, Secr ary H:ICOMMDEVIJimHI092204PCV7\v7 PCS 05-09 draft PC Resolution final draft. doc r··'Î çP I L MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, September 22, 2004 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROll CAW MOTIONS TO EXCUSE: Present: Absent: Madrid, Hall, O'Neill, Castaneda, Hom Cortes, Felber Staff Present: Jim Sandoval, Director of Planning and Building Marilyn Ponseggi, Environmental Review Coordinator Steve Power, Environmental Projects Manager Jim Hare, Deputy Redevelopment Director Marni Borg, Environmental Projects Manager John Mullen, Deputy City Attorney III PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid ORAL COMMUNICATIONS: Sunny Chandler, 442 F Street, Chula Vista, addressed the Commission and stated she was concerned with wanton spending and inquired why, what appears to be a perfectly good City Hall building is being demolished. Steve Molski, stated he had two issues to address; the first one being that he is opposed to putting residential development on the Bayfront. Secondly, he would like to see a concerted effort to repaving of the older streets in western Chula Vista. 1. PUBLIC HEARING: EIR 04-05; Close of Public Review Period for the Españada Environmental Impact Report. A verbatim transcri pt has been prepared of the publ ic testi mony and is avai lable under separate cover. 2. PUBLIC HEARING: a. Consideration of the Final Second Tier Environmental Impact report (EIR 04-06) for the Otay Ranch Village Seven Sectional Planning Area (SPA) and Tentative Maps. f- j :.. t L J Planning Commission Minutes - 2 - September 22, 2004 b. PCM 04-05; Consideration of a Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations, Village Design Plan, Public Facilities Finance Plan and Affordable Housing Program involving approximately 303 acres between the future extension of La Media Road and the alignment of SR-125, south of Birth Road, within the Otay Valley Parcel. c. PCS 05-09; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. d. PCS 05-07; Consideration of a Tentative Subdivision Map for a portion of Otay Ranch Village Seven Sectional Planning Area Plan. Jim Hare, Deputy Redevelopment Director reported that McMillin Otay Ranch LLC submitted an application requesting approval of a new Sectional Planning Area (SPA) Plan associated regulatory documents for Village 7. Additionally, Otay Project LP submitted and application for a subdivision comprising 105 acres of Village 7 of Otay Ranch, while concurrently, McMillin Otay Ranch LLC submitted an application for a subdivision comprising 163 acres of Village 7 of Otay Ranch. Mr. Hare presented an overview of the proposals as submitted in the staff report. Marni Borg, Environmental Projects Manager reported that in accordance with CEQA requirements, a Second Tier EIR, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program have been prepared for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Ms. Borg gave an overview of the content of the Final EIR and stated that the Final EIR contains responses to comments received during the public review period. Staff Recommendation: That the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails j) f~' ¡ Planning Commission Minutes - 3 - September 22, 2004 Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. . Resol ution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Commission Comments: Cmr. Hall stated that a lot of faith has been put into the success of SR-125, and it has been his experience in speaking with people, that although studies may show the road will be used, the average citizen feels that the toll is going to be a disincentive to its use. Cmr. Hall further inquired if there was another alternative, or mechanism in place that ensures that construction is halted if SR-125 doesn't work and the major arterials are over-loaded. Dino Serafini, General Services Engineering Division stated that all ofthe SANDAG traffic models he has seen show that with the completion of SR 125, the traffic on the arterials that feed into SR-125 are reduced. Mr. Serafini also stated that the GMOC process has thresholds in place and is a means by which to gauge how construction is impacting traffic and roadways. Worst case scenario; should it be determined that they've reached unacceptable levels, the City Council would have the option of imposing a building moratorium. Jim Sandoval clarified that the GMOC is an annual process that measures, among other things, traffic. Furthermore, there are several villages and commercial developmentyetto be constructed and it takes a couple of years for each of these villages to build-out, therefore, we're not going to see much development between now and October 2006 when SR-125 is scheduled to open. Worst-case-scenario, if after a year or two after SR- 125 opens, the GMOC threshold is reached, then at that time, the City Council would have to make a determination as to what happens in terms of future development. Cmr. Castaneda inquired what is the remaining number of units yet to be constructed before reaching the 8,990 unit cap. Mr. Serafini responded that approximately 2/3 of the units are left to be built. The components (I-80S/Olympic, H Street and Telegraph Canyon) of the monitoring agreement is not complete until these three traffic enhancements are completed. Cmr. Castaneda further asked what was the process for revising the threshold standards. Mr. Serafini responded that he was not aware of any process for doing that. ,. I . ¡ i Planning Commission Minutes - 4 - September 22, 2004 Cmr. Castaneda stated that he recalls this being a topic of discussion a while back, and that there is a provision in the environmental document that states that if the City Engineer were to determined that the levels of traffic or congestion were either resolved or insignificant, then he could allow the thresholds to be changed. Cmr. Castaneda also recalls that if any changes were to occur to the existing thresholds, it would require a public hearing in order for this to be done. Mr. Serafini responded affirmatively that that is still the case. Furthermore, there is a condition of approval in the mitigation measures which states that the City will not allow any units to be built in Village 7 until SR-125 is constructed between SR-54 and the international border. Cmr. Horn stated he was actively involved, co-chairing the efforts to bring SR-125 to fruition. He further indicated that in spite of knowing that this would be a toll road, there was a lot of support from the community for the construction of this roadway. Cmr. Hom stated that ridership on SR-125 is critical to future development since it is envisioned to bring traffic relief and avoid overloading other major arterials, therefore, he put forth the idea that perhaps the developer would be willing to purchase the pass/transponder for the toll road for new home-buyers. Public Hearing Opened. Kathy Tanner, Sweetwater Union High School District, stated she was present to express their support for the Otay Ranch Village 7 SPA Plan because this completes another step in the process for opening High School #13 in July of 2006. She urged the Commission's approval of the plan. Todd Galarneau, McMillin Company, acknowledged staff's efforts and hard work on this project. Mr. Galarneau stated that the need for a new high school in the Otay Ranch came up in the Spring of 2003 when the City was holding the high school siting committee hearings. During those hearing the McMillin Company offered to deliver a high school site complete with utilities and infrastructure if the City could expedite the SPA Plan for Village 7. Over the last 15 months they worked extremely hard with City and District staff to development the SPA Plan and Tentative Map that is before the Commission this evening. Mr. Galarneau further stated that, had it not been for the extraordinary and continuing effort and commitment to achieving that goal, this SPA Plan would not be on schedule and before the Commission at this time. Mr. Galarneau wished to clarify the condition stating that Village 7 does not get any building permits until SR125 is built all the way down to the international border. Mr. Galarneau indicated, however, that this condition is caveated to allow them to take advantage of a couple of opportunities. One is; if there is an early opening of SR125 to Olympic Parkway, and they can provide a traffic study that demonstrates that it does t"7 E· /t~ Planning Commission Minutes - 5 - September 22, 2004 provide the necessary traffic relief on the arterials, then they would be able to request building permits. Secondly, if other alternative measures were to be identified by the City, i.e. additional improvements that might provide additional capacity, changes to the GMOC thresholds, or subsequent building agreement; if anyone of those measures were to come up, then they would have the ability to take advantage of those as would any other development coming in. This would not preclude them from opportunities that are available to others, just because McMillin is coming in early in the process. Public Hearing Closed. MSC (O'Neill/Horn) (5-0-2-0) that the Planning Commission adopt resolutions recommending to the City Council:: · Resolution EIR 04-06 certifying that the final Second-Tier EIR for the Otay Ranch Village 7 SPA and TM's has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; making certain findings of fact; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring and Reporting Program. · Resolution PCM 04-05 approving Village 7 SPA Plan and supporting regulatory documents including the Village Design Plan, Water Conservation Plan, Non- Renewable Energy Conservation Plan and Park, Recreation, Open Space and Trails Plan. · Adopt an Ordinance approving Planned Community District Regulations in accordance with the findings and subject to the conditions contained therein. · Resolution PCS 05-09 approving Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein, and · Resolution PCS 05-07 approving the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained therein. Motion carried. ADJOURNMENT at 9:35 p.m. to the Planning Commission meeting of October 13, 2004. Diana Vargas, Secretary to Planning Commission í7E' j--' RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR A PORTION OF THE OTAY RANCH, VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN- OTAY PROJECT L.P., CHULA VISTA TRACT 05-09. 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 05-09, and is commonly known as Otay Ranch Village Seven Tentative Map, ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", ("Project"), was filed with the City of Chula Vista Planning and Building Department on August 24,2004 by Otay Project LP., ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 105 acres of land located east of La Media and south of Birch Road within Otay Ranch Village Seven SPA into 375 residential lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28,1993 by Resolution No. 17298, and as amended on November 10,1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental hnpact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01 "); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Proj ect would result in a significant impact to the environment, therefore, a Second-Tier Environmental hnpact Report (Final EIR 04-06) has been prepared; and, WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on September 22, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) and, r}f~JLf 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 September 22, 2004, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers and those documents specified in Public Resources Code section 21167.6, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The environmental impacts associated with this Tentative Subdivision Map for Village 7 have been analyzed in the Final Environmental hnpact Report (FEIR) 04-06. The City Council finds that the FEIR 04-06, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code of Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City of Chula Vista. The City Council furthers finds that the FEIR 04-06 reflects the independent judgment of the City Council of the City ofChula Vista. III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05-09", (PCS-05-09) involving 105 acres ofland known as Otay Ranch Village Seven Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Seven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Seven Tentative Map, Chula Vista Tract 05- 09", (PCS-05-09) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Seven Sectional Planning Area (SPA) Plan, based on the following: ~lf' ~ I':.·· _",I .- ...-- 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Seven Sectional Planning Area (SPA) Plan. The Tentative Map proposes a total of375 residential dwelling units. A total of three single- famil y residential neighborhoods are proposed ranging from 7.2 to 17.9 dwelling unit per acre. Lot sizes average rrom 3019 square feet to 5841 square feet. 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 Seven SPA Plan. The Applicant shall construct those facilities in accordance with City and the Village Seven SPA Plan standards. The Village 7 Circulation Plan details the hierarchy of vehicular circulation for internal neighborhood residential streets, collector streets, village entries and prime arterials serving the Proj ect. The Tentative Map provides multiple points of access to Magdalena. The Tentative Map boundaries are bounded by Magdalena on the east, Birch Road on the North and future extension of La Media Road on the west. Access to these arterials will be via Magdalena. A fourth point of entry will be via Magdalena to the south, which will provide access to the high school site and will eventually tie to Rock Mountain Road. Magdalena will serve as the primary backbone, bisecting Village 7 from north to south and crossing the greenbelt. 3. Housing The Project provides a mix of lot sizes for single family for persons of various income levels. Prior to recordation of any final subdivision map for the Project, the Developer will enter into an Affordable Housing Regulatory Agreement. The Agreement will set forth the method of determination of the in-lieu contribution, schedule for payment, and the value of the total in-lieu contribution. 4. Parks. Recreation and Open Space ~í"- ¡ 11' ! In fulfillment of its obligation to provide 3.96 acres of parkland, the developer will provide land via an irrevocable offer of dedication, payment ofin-lieu fees, or a combination thereof towards a Community Park within the service area of Village 7. The developer will also provide development fees in accordance with CVMC 17.10. The Village Greenway, part of the Citywide greenbelt trail that is to provide for a connection rrom Otay Valley Regional Park through Otay Ranch and to Salt Creek, as described in the City's Greenbelt Master Plan, will be incorporated within the Wolf Canyon corridor between La Media Road and Magdalena Avenue. 5. Conservation The Program EIR and FEIR 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 everyone-acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Seven SPA Geotechnical Reconnaissance Report. 7. Public Safetv 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 proj ects in the eastern territories. 9. Noise The Project will include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. ,.,.-7 ~:: / r¡" i' ~...._. L 10. Scenic Highway The roadway design provides wide landscaped buffers along Magdalena, Birch Road, and Rock Mountain Road. There is no scenic highway adj acent to the Proj ect. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. Birch Road includes a bike lane (class II) adjacent to the curb. La Media Road includes a bike lane (class I) within the right-of-way on the road westerly side. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", 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. No vested rights are gained by Applicant or its successor in interest as a result of the City Council's adoption of this resolution. 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 7} £- .,' J 8:' 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 Jim Sandoval Planning and Building Director ~ ~ Moore City Attorney {"I¿:::O ¡ ..... ! / FOR COUNCIL MEETING OF OCTOBER 12,2004 ITEM NO.7 E EXHIBIT B TO RESOLUTION (CONDITIONS OF APPROVAL) Exhibit "B" Otay Ranch Village 7 Tentative Subdivision Map (C. V.T.05-09) CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Director of Planning and Building, the City Engineer, and the Director of General Services (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". (Planning) 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs) Final Second-Tier Environmental hnpact Report (Final EIR 04-06) and associated Mitigation Monitoring and Reporting Program (MMRP); Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); 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 material modifications shall be subject to approval by the City Council. (Planning) 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived fTom the approvals herein Page 1 of 33 7£ granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. (Planning) 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Village Seven SPA, Tentative Maps, and Second Tier EIR (EIR 04-06) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. (Planning) 5. The Applicant shall comply with all applicable Village Seven SPA conditions of approval, (PCM 04-05) as may be amended from time to time. (Planning) 6. Prior to the approval of the first "A" Map for the Project, Applicant shall prepare and submit, to the satisfaction of, and as deemed necessary by the Director of Planning and Building, an updated Sectional Planning Area (SPA) Plan, and supporting regulating documents including, but not limited to text, exhibits, and tables for the Village Seven SPA Plan; Planned Community District Regulations; Village Design Plan; Public Facilities Finance Plan; Affordable Housing Plan Air Quality Improvement Plan; Water Conservation Plan; Non-Renewable Energy Conservation Plan; Parks, Recreation, Open Space and Trails Plan; and applicable environmental documents. (Planning) 7. Any and all agreements that the Applicant is required to enter in hereunder shall be in a fom approved by the City Attorney. (Planning) 8. A reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Applicant shall provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Applicant shall participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to the GDP/SRP, as amended from time-to-time. (Planning) 9. In accordance with mitigation measure 4.3-2 of the Final EIR 04-06 and associated MMRP, no units within Village 7 shall be constructed which would result in the total number of units within the Eastern Territories exceeding 8,990 (the start date for counting is January I, 2003), prior to the construction of SR 125 between SR 54 and the International Border. Therefore, prior to approval of the first Final Map within the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that the City shall not issue building permits for residential units within Village Seven, prior to the completion ofSR-125 to the International Border. Notwithstanding the foregoing, the City may issue building permits if the City Council, in its sole discretion, determines that each of the following conditions have been met: (1) SR-125 Page 2 of 33 7E is constructed and open between SR-54 and Olympic Parkway; and (Z) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening ofSR-125 to Olympic Parkway provides additional capacity to mitigate the project's cumulatively significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building pcrmits if the City Council, in its sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. (Engineering) 10. The Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. (Planning) ENVIRONMENT AL II. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 04-06 (SCH# 2003111050), the candidate CEQA Findings and MMRP for this Project. (Planning) 12. 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 Final ErR 04-06 (SCH# 2003111050) and MMRP. (Planning) 13. The Applicant shall apply for and receive a take permit/authorization ftom the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the Project. (Planning) 14. Prior to the approval of each final "B" Map for the Project, 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) 15. 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) 16. 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) Page 3 of 33 7£ 17. Prior to the approval of each final "B" Map for the Project, Applicant shall comply with all requirements of the Village Seven SP A Plan Agricultural Plan. (Planning) 18. The Developer agrees to convey fee title, or upon the consent of the Preserve Owner/ Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Final Map is subject to a condition that fee title shall be granted upon demand by the POM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. (Planning) 19. 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 Improvcment Area "A" of the Otay Ranch Preserve Maintenance District (CFD. No. 97-02). (Engineering) SPECIAL CONDITIONS OF APPROVAL 20. In accordance with mitigation measure 4.4-1 of the Final EIR 04-06 and associated MMRP, an acoustical study confirming wall geometrics and conformance with the City's noise threshold for residential units along Birch Road and La Media Road shall be approved by the Environmental Review Coordinator prior to grading permit. A noise barrier plan shall be prepared in conformance with the aforementioned study as well as the noise analysis contained in Final EIR 04-06 and the associated MMRP. The noise barrier plan shall be submitted for review and receive approval by the Director of Planning and Building, Environmental Review Coordinator, Director of Public Works and Director of General Services 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 request modification of the approved wall and fence p1ans, Developer shall provide additional acoustical analysis if required by the Director of Planning and Building and Environmental Review Coordinator. Noise barriers shall be constructed within dedicated open space lots and shall not be constructed on private property unless a MHOA is formed to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental Review Coordinator. (Environmental, Engineering) 21. Unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Impact Analysis by Giroux & Associates, dated June I, 2004 and the Noise Technical Report for Otay Ranch Village 7 by RECON, dated February 23, 2004, unless earlier modified by agreement with the City of Chula Vista and Applicant. (Environmental, Engineering) Page 4 of 33 7£ 22. Applicant shall make a good-faith effort to coordinate development and implementation of the Village Seven SPA Plan Area with all other developers/applicants within Village Seven including phasing, grading, improvements and dedication ofright-of-way. (Planning) 23. 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 satistàction prior to approval of the first Final 'B' Map. (Engineering) 24. Prior to approval of the tìrst final "B" Map for the Project within the Tentative Map, the developer may submit and obtain the approval of the City of a master Final Map ("A" Map) over the portion of the tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" Map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single-family residential units. An "A" Map shall not be considered the first Final Map as indicated in the conditions of approval unless said Map contains single family lots, stock co-operative, community apartment, condominium lots or multi-family lots as shown. (Engineering) 25. The subsequent development of a multi-family lot which does not require the tiling of a "B" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approva1 of the tentative map, as determined by the City Engineer. (Engineering) 26. In the event of a filing of a final 'B' Map which requires oversizing of the improvements necessary to serve other properties within the Project, said Final Map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). (Engineering) DESIGN 27. Any proposed monumentationlsignage shall be consistent with the Village Seven 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) 28. Prior to issuance of the first building permit, Applicant shall submit for review and approval a sign program to the Director of Planning and Building. Prior to issuance of the first building permit, Applicant shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Page 5 of 33 7E Temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. (Planning) 29. In addition to the requirements outlined in the City of Chula Vista Landscape Manua1, 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, General Services) 30. Street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the City Engineer. The Applicant shall plant trees within said parkways which have been selected from the list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building, General Services and Public Works. The Applicant shall provide root barriers and deep watering irrigation systems for the trees, as approved by the Director of General Services and the Director of Public Works. (Planning, General Services) 31. The Applicant shall install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all future street trees, which will be subject to the review and approval of the Director of General Services and the Director of Planning & Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary street tree plans and shall be painted a bright color and labeled as future street tree location. Applicant further agrees to provide City documentation, acceptable by the Director of General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in the locations as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Engineering, Planning, General Services) 32. Prior to the first Final Map for the Project, Applicant shall submit to and obtain approval by the City Engineer and the Director of Planning and Building a SPA-wide signage plan, if such plan has not been already produced by the Applicant for another Final Map within the SP A. Such plan shall address trai1s, cart and off-street bicycle circulation and street crossing. Such plan shall include sign colors, materials, heights, location and lighting. Applicant shall install approved signs concurrent with related improvements or upon request by the City. (Engineering, Planning) Page 6 of 33 71:-- PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING (Streets, Transit, Sewer, Water, Drainage, Grading) 33. 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 Seven 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 pubJic improvements and provide security satisfactory to the City Engineer and City Attorney. (Engineering) 34. Construct a protective fencing system at 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) 35. Construct energy dissipators at all stonn drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 36. Prior to approval of each Final Map for the Project, 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) 37. 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 of General Services 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 Seven 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. 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 of General Services 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 of General Services if related plans have not been submitted for City review. The landscape and irrigation (L&I) bond, at a minimum, shall be based on a 90% complete Landscape Master Plan, to the satisfaction of the Director of General Services. A lesser percentage of bonding may be allowed if it is demonstrated to the satisfaction of the City Engineer and the Director of General Services that sufficient data or other information is available to warrant such reduction. (Engineering, General Services) 38. Uponapproval of the final "B" Map for the Project that (riggers the Cumulative DU's, ("Table 'A''') below, consistent with the Village Seven PFFP, as may be amended from time Page 7 of33 7£ 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 Seven Public Facilities Matrix Public facilities required to be constructed by Village Seven and cumulative unit trie:e:ers Facility Description Cumulative Roadway Unit Trie:e:ersl 1 La Media from Birch Road to Santa Luna Street l' 2 Santa Luna Street from La Media Rd. to Mae:dalena Ave. I' 3 Mae:dalena Avenue - Birch Road to Webber Road I 4 Magdalena Avenue - Webber Road to Wolf Canyon Drive 120 5 Mae:dalena Ave. - Wolf Canvon Loop to Fleishbein Fred A St. 200 6 Mae:dalena Avenue - Fleishbein Fred A. St. to Santa Luna St. 1(.1) 7 Rock Mountain Rd. - Half Width La Media to SR-125 (2) 8 Sidewalk along south side of Birch Rd. (4) (I) Developer shall agree to construct and to secure the faciJity prior to the Final Map that triggers the cumulative DU's or EDU's as defined in this Table. (2) The ROW for these improvements will be dedicated prior to the approval of the first Final Map as provided in the PFFP: if a grading permit for the High School site has been issued, or the High School project is approved by the Division of the State Architect. Developer shall agree to construct and secure the improvements prior to the approval of the first Final Map. The time to perform the construction of these improvements may be extendcd by the City Engineer. (3) The number of units prior to construction of these facilities may be increased at the sole discretion ofthc City Engineer, but in no event in excess of 350 units in all of the Village 7 project, in accordance with the PFFP as follows: I) if it is dctcrmined that the enrollment in High School is less than or equal to 1,600; and 2) a traffic study is submitted to and approved by the City Engincer that demonstrates that the intersection of Birch Road and Magdalena Ave. will meet both LOS and design standards criteria; and 3) Developer shall provide evidence that grading opcrations for these facilities are substantially completed and that roadway improvements for these facilities are progressing adequately toward completion. (4) Upon completion of the grading along Birch Rd. the sidewalk shall be constructed in accordance with the approved Improvement Plans for Birch Rd. 39. 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) 40. The Applicant shall participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. The Applicant will receive appropriate credit for such participation. (Engineering) 41. Prior to approval of any Final Map for the Project 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: Page 8 of33 7E INTERSECTIONS · La Media Road and Santa Luna · Wolf Canyon Loop and Magdalena Avenue · Magdalena A venue and Peabody · Magdalena Avenue and Santa Luna · Rock Mountain Rd. and Magdalena Ave. The applicant shall fully design the aforementioned traffic signal in conjunction with the improvement plans for the related streets. The developer shall install underground improvements, standards and luminaries in conjunction with the construction of the applicable street improvements. In addition, the Applicant shall install mast arm, signal heads, and associated equipment when traffic signals warrant as determined by the City Engineer. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all promenade, collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention, and the recommendations contained in the approved Fire Protection Plan, Urban- Wildland Interface Area for Village 7, as may be amended from time to time Prior to the approval of the first Final Map, a fire access and water supply plan prepared by a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted to for approval by the City Of Chula Vista Fire Department. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. (Fire, Planning, Engineering) 44. 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) 45. 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 Page 9 of 33 7£ stubbed streets greater than 150 ft. in length (as measured 1Ìom the nearest street centerline intersection). (Engineering) 46. Design all vertical and horizontal curves and intersection sight distances to conform to the CalTrans Highway Design Manual. All streets, which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight distance easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista policies, where a conflict exists, the City of Chula Vista policies shall prevai1. 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) 47. Prior to approval of each Final Map for the Project, 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) 48. Applicant shall enter into an agreement with the City, prior to the approval of the first Map for the Project 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 Seven Design Plan and Village Seven 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, BRT System or other transit system. (Engineering) 49. Alleys shall be constructed to City of Chula Vista standards. (Engineering) 50. The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet applicable "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of- way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested for improvements authorized by a construction permit, as determined by Federal regu1ations, after construction has commenced consistent with an approved improvement plan and construction permit. (Engineering) 51. 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: Page 10 of33 7£ a. The developer enters into an agreement with the City where the developer agrees to the following: I. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, 11. Maintain membership in an advance notice such as the USA Dig Alert Service; and, 111. Mark out any private facilities owned by the developer whenever work is performed in the area; and, IV. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. (Engineering) 52. 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) 53. Prior to issuance of any grading permit based on plans proposing the creation of down slopes adjacent to public or private streets, Applicant shall obtain the City Engineer's approval of a study to determine the necessity of providing guardrail improvements at those locations. Applicant shall construct and secure any required guardrail improvements in conjunction with the associated construction permit as determined by and to the satisfaction of the City Engineer. The guardrail shall be installed per CalTrans Traffic Manual and Roadside Design Guide requirements and American Association of State Highway and Transportation Officials (AASHTO) standards to the satisfaction of the City Engineer. (Engineering) 54. Prior to approval of each Final Map for the Project, 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) 55. Left and right turn storage lengths shall be provided as recommended in the Linscott, Law and Greenspan Traffic Study for Village 7, dated June 7, 2004, or as required by the City Engineer (Engineering). 56. Prior to the approval of the first Final Map, the applicant shall secure the installation of one permanent traffic count station by making a cash deposit in the amount of $17,500. (Engineering) GRADING AND DRAINAGE 57. The Applicant shall provide drainage improvements in accordance with the Master Drainage Study for Otay Ranch Village Seven, dated May 20,2004, and the Preliminary Water Quality Technical Report for Otay Ranch Village Seven, dated May 21, 2004 or a subsequent Hydrology Study submitted to and approved by the City Engineer. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the City or an applicable maintenance district, or other mechanism as approved by the City. Page 11 of33 7£ Said maintenance shall ensure that drainage facilities wi]] continue to operate as designed. (Engineering) 58. Prior to approval of any grading permit or any other grant of approval for constructing the proposed extended detention and water quality basins, whichever occurs earlier, the Applicant shall demonstrate that the design of the proposed extended detention and water quality basins would reduce the 2-, 10- and 100-year post-development peak flows, to any natural drainage course to an amount not exceeding pre-development conditions, to the satisfaction of the City Engineer (Engineering) 59. Storm drain systems that collect water from private property shan 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. maintained Open Space lots. (Engineering) 60. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydrau1ic 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) 61. Prior to the issuance of any grading permit which impacts off-site property, the Applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading. (Engineering) 62. 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) 63. Provide improved an-weather access with H-20 loading, based on a minimum traffic index (TI) of 5, to all public storm drain clean-outs or as otherwise approved by the City Engineer. (Engineering) 64. An City maintenance access roads shall be 12' min. width and designed for H-20 (min. TI of 5) loading. Provide a minimum of 6-inch thick PCC (reinforced with #4 BAR at 18" on center each way) and heavy broom finish for any access road with grades of 8% or greater. Access roads greater than 5% but less than 8% must, at minimum, be asphalt concrete designed to carry H-20 loading. An other access roads at grades less than 5% may be Class II base. 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. Additional paving requirements in excess of the above may be required when determined necessary at the discretion of the Director of Public Works- Operations (Engineering) 65. 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) Page 12 of33 7£ 66. Grant on the appropriate final "B" Map a 15-foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. All other public easements shall meet City standards for required width. (Engineering) 67. 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 Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer, and successors in interest, shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall comply with the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water Management Standards Manual) and shall design the Project's storm drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. (Engineering) 68. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planning) 69. Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees fTom perpendicular to the contours. (Engineering) 70. Brow ditches perpendicular to 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) 71. 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) 72. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. Lots shall be so graded as to drain Page 13 of33 7£ to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property. (Engineering. Planning) 73. Provide a minimum of three (3) feet of flat ground access from the face of any City maintained wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved by the City Engineer. (Engineering) 74. Provide a setback, as determined by the City Engineer and is 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) 75. 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) 76. 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) 77. 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 Seven SPA Plan consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent slopes. (Engineering, Planning) 78. Prior to the approval of the first Map for the Project, or issuance of the first grading permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the Storm Water Management Standards Manual including revision of approved grading and or improvement 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 and damages 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. 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 of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Page 14 of33 7£ 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 79. Sewer access points shall, unless otherwise approved by the City Engineer and the Director of Public Works: a. Be located at the centerline of streets or cul-de-sacs; and, b. Not be located on slopes or in inaccessible areas of maintenance equipment; and, c. Not be in the wheel tracks on Promenade Streets and higher street classifications; and, d. Meet Regional Standard Drawing M-4 (Locking) iflocated within intersections of Class I Collectors and above; and, e. Have improved all-weather paved l2-foot wide minimum access to withstand a H-20 vehicle load as approved by the Director of Public Works; and, f. Be provided at all changes of alignment of grade. (Engineering) 80. 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 the City Engineer that sufficient capacity exists for the number of EDU s contained in all Final Map for the Project submitted to the City pursuant to the limits set forth in the PFFP. The analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon gravity basin. 81. The Village Seven sewer improvements shall be consistent with the Village 7 Conceptual Sewer Study, dated April 14, 2004 or a subsequent Sewer Study submitted to and approved by the City Engineer. (Engineering) 82. 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) 83. 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) 84. Prior to issuance of any building permit for equivalent dwelling units (EDU's) I through 105 in Project, the Poggi Canyon Gravity Sewer mF in effect at the time of issuance shall be applied to each building permit. After issuance of the 105th EDU the Salt Creek Interceptor Page 15 of33 7£ DIF in effect at the time of issuance shall be applied to each building permit, regardless of which sewer basin the unit is located. (Engineering) PARKS AND OPEN SPACE 85. The Village Seven Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17. The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that enable the provision of a 7.0 net useable-acre Neighborhood Park (P-1). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of General Services. Common useable open space (CUOS) shall not receive park credit. (General Services) 86. Prior to approval of the first "A" Map for the Project, the Applicant shall comply with the provisions of the City of Chula Vista Parks and Recreation Master Plan as adopted and as it affects facility and other related requirements for the Project's parks. (General Services) 87. Prior to the approval of the first "A" Map for the Project, Applicant shall have prepared, submitted to and received approval from the Director of General Services of a comprehensive Landscape Master Plan (LMP) for the Project. Such approval shall be indicated by means of the Director of Planning and Building, or designee's signature and date on said Plan. The contents of the LMP shall conform to the City staff checklist and include the following major components: a. Maintenance Responsibility Plan (delineates private and public property and indicates the maintenance responsibility for each); b. Master Irrigation Plan (includes mainline and point of connection locations); c. Master Planting Plan (includes landscape concept statement); d. Brush Management Plan (identifies brush management zones and treatment, if any); e. Hardscape Concept and Trail Plan (identifies types and finishes of paving); f. Utility Coordination Plan (includes locations of major utility boxes and vaults); g. Conceptual Wall and Fence Plan (includes the previously approved noise barrier plan); and h. Monumentation and Signage Plan (includes enlargements of entry monument locations and signage concepts) 88. 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 Page 16 of33 7£ by a Homeowners Association within City right-of-way or such other public areas required by the City. (Engineering, General Services) 89. Prior to the issuance of each grading permit for the Project, the Applicant shall prepare, submit, and secure to the satisfaction of the Director of Planning & Building all landscape and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current ChuJa Vista Landscape Manual and Grading Ordinance, as may be amended from time to time. Applicant shall install landscape and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. If the work cannot be completed within the specified time, the Applicant may request an extension, which may be granted at the discretion of the Director of Planning & Building. Such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month time frame to allow processing of the extension. Notwithstanding the time of installation of landscape, and irrigation slope erosion control, Applicant shall remain in compliance with NPDES. (Planning, General Services) 90. Prior to the approval of any final "B" Map for the Project, the Applicant shall obtain approval of a Wall and Fence Plan from the Director of Planning and Building. The Wall and Fence Plan shall be in conformance with the Village 7 SPA plan and shall identify location of walls, constructions materials and color, and wall and fence types. The plan shall also identify location and type of trial signage proposed throughout the development. Final wall design, location and construction details, including fencing and signage, shall be shown on the Wall and Fence Plans and shall be subject to approval by the Director of Planning & Building. (Planning) 91. The conceptual 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 Final EIR 04-06 and the Village Seven SPA Plan. Upon request of the Director of General Services, Applicant shall update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan (Planning, General Services) 92. Prior to Applicant constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Applicant shall work together with other developers of Village Seven to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. (Planning) 93. 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 of General Services, street improvement Landscape & Irrigation Plans. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the Village Seven SPA Plan, as may be amended from time to time. Applicant shall install all improvements in Page 17 of33 7£ accordance with approved plans to the satisfaction of the Director of General Services and the City Engineer. (Genera! Services, Engineering) 94. Prior to the approval of the first "A" Map, the Applicant may enter into an agreement with the City of Chula Vista to pay a portion of the Park Development Fees, which in the discretion of the Director of General Services, is sufficient to fund the design of the neighborhood park. The balance of the PAD Fee obligation shall be met in the manner stated in CVMC Section 17.10.100, collection and distribution of fees. In the absence of a written agreement provided for herein, the applicant shall pay all applicable PAD fees prior to the recordation of the first Final Map, whether an "A" or "B" Map. (General Services) TRAILS 95. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Directors of Planning and Building and General Services. (Planning, General Services) 96. The Regional Trial shall be extended off-site easterly to connect with the Village Pathway on Magdalena to the satisfaction of the Director of General Services. When trails extend to the property limits and are intended to continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing materials and construction methods so as to provide a seamless transition from one ownership to another. (General Services) 97. Prior to the approval of any Final 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. (General Services) 98. The Applicant shall, concurrent with the construction of the Wolf Canyon channe1 and Detention Basins, construct a "Regional Trail" along the south side of the channel and basin rrom Magdalena Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. The regional trail design shall be suitable for H-20 loading. (General Services. Engineering) 99. The Applicant shall, concurrent with the construction of La Media Road improvements, construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be amended from time to time. (General Services) 100. Applicant shall keep any necessary retaining walls to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor unless approved as shown on the Tentative Map. The retaining walls are to be located and detailed on all appJicable grading plans for the Project, and subject to the approval of the Directors of Planning and Building, Public Works and General Services, Slope gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate constraints such as maintenance access ways. Landform Page 18 of33 7£ 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. (General Services) 101. Neighborhood connector trails located within the Project shall provide a minimum 6-foot wide decomposed granite (DG) or cement treated base (CTB) trail bed, or as approved by the Director of General Services. Where down slopes (exceeding 4:1) occur adjacent to the trial, an additional 4-foot graded shoulder shall be provided with split-rail fencing centered in the shoulder. Where up slopes occur adjacent to the trail a 2-foot shoulder (with a 2% maximum cross-slope) shall be provided. Shoulders shall be planted and irrigated in accordance with the most current edition of the Chula Vista Landscape Manuel, as amended from time to time. All trail construction materials shall be subject to the approval pf the Director of General Services. (General Services, Public Works) 102. Applicant shall obtain the approval of the Director of Planning and Building 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 Wall and Fence Plan. Signage shall be installed upon the request of the Director of Planning and Building. (Planning) 103. 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. (General Services) OPEN SPACE/ASSESSMENTS 104. In the event Developer wishes to request the formation of a Maintenance District or similar funding mechanism, the Developer shall submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. The CFD shall be formed prior to approval of the first "B" Map for the Project. Subject to the approval of the Director of Public Works, Developer shall submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer shall maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. If Council does not approve the CFD formation, another financing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first Map Along with submission of the application package for formation of the CFD, Developer shall submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. All costs of formation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer. The Developer shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. (Public Works) 105. Prior to the approval of the first final "B" Map, the developer shall: Page 19 of33 7£ a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed financial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. The developer shall submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of public open space, trails, parkways, and like areas may expose the City to liability. Developer agrees to establish a MHOA that will hold the City harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. Thesc lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: I) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. 11. The proportional share of medians and parkways along La Media Road, Magdalena A venue and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. 111. The detention basin located in Wolf Canyon. IV. All storm-water quality structural BMP's serving the Project. (Engineering) 106. 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) 107. 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 Page 20 of 33 7E approval of the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. All open space lots that shall remain private, 11. Other Master Association property. b. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall defend, indemnify and hold harmless the City and its agents, officers and employee 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 written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. 1. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. J. The CC&R provisions setting forth restrictions in these Tentative Map conditions may not be revised at any time without prior written permission of the City. k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. Page 21 of33 7£ 1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. (Engineering, Planning) 108. Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. (Engineering, Planning) 109. The CPF lot shall be maintained by a maintenance entity as determined by the Director of Planning and Building based on City Council policy. The facilities in the CPF Lot shall be maintained by a maintenance entity include, but are not limited to: pavements, sidewalks, street lights including power supply, private drainage facilities and landscaping of private common areas. The CPF Lot, Common Usable Open Space area as described in the Chula Vista Design Manual, shall be landscaped, graded and contains amenities to the satisfaction of the Director Planning & Building. Construction shall be completed prior to the issuance of the final building permit. (Engineering, General Services) 110. 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) 111. 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) 112. Prior to approval of each Final Map, provide proof to the satisfaction of the City Engineer and Director of General Services 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, General Services) 113. 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) 114. Street parkways within the Project shall be maintained by an entity such as a Master Home Owner's Association (MHO A) or a Community Facilities District (CFD); private homeowners 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. (Engineering, General Services) 115. 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 Page 22 of 33 -;£ mechanism acceptable to the City, in the City's sole discretion, with the Cüy which win guarantee the maintenance of the L&l 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 General Services, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the 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 months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of Genera] Services. (Engineering, General Services) WATER 116. 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) 117. 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) 118. 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 Govemment Code, as may be amended from time to time. (Engineering) 119. Prior to approval of the first Final Map for the Project, the Developer(s) shall provide a Subarea Master Plan (SAMP) for Village Seven, as approved by Otay Water District (OWD), which will also include an analysis of recycled water for open space slopes. When said SAMP is approved, the Developer(s) shall provide the water and recycled water improvements in accordance with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any amendment to the Village Seven SAMP in order for the Village Seven SAMP to be consistent with the approved SPA Plan prior to the approval of the first Map for the Project. (Engineering) Page 23 of 33 7£ EASEMENTS 120. 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) 121. 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) 122. 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) 123. 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) 124. 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) 125. 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) 126. Storm drain easements shall be private unless the storm drain systems therein are public. (Engineering) 127. 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) 128. Prior to the approval of each Final Map for the Project, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 129. The developer shall notify the City at least 60 days prior to consideration of the first Map for the Project by City if any off-site right-of-way cannot be obtained as required by the Page 24 of 33 7£ Conditions of Approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the Final Map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. e. Acquire and bond for offsite rights-of-way and easements to be dedicated to the City in order to comply with the PFFP schedule. Applicant shall bond for the off-site improvements as required by the City Engineer. (Engineering) 130. 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) 131. Provide minimum 15' wide easements to the City ofChula Vista as required by the City Engineer for construction and maintenance of storm drain facilities. (Engineering) 132. Provide easements for all off-site public storm drains and sewer facilities prior to approval of each Final Map for the Project requiring those facilities. The easements shaH be sized as required by the City of Chula Vista Standards, unless otherwise approved by the City Engineer. (Engineering) 133. Grant on all applicable Final Maps, easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 134. 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 shall meet City standards for required width. (Engineering) 135. Additional easement widths shall be granted to the satisfaction of the City Engineer and the Director of General Services to accommodate a 10- foot Regional Trial on the eastside of La Media Road from Wolf Canyon to Santa Luna Street. Page 25 of33 7£ AGREEMENTS/FINANCIAL 136. Enter into a supplemental agreement with the City, prior to approval of each Final Map for the Project, where the developer agrees to the following: a. That the City may withhold building permits for the Project in order to have the Project comply with the Growth Management Program, as may be amended from time to time, or if anyone of the following occur: 1. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended from time to time, have been reached. 11. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. 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 City Engineer. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the PubJic Facilities Financing Plan (PFFP) for Otay Ranch Village Seven 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 the defense. Page 26 of 33 7£ 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 of Chula Vista, the condition of such grant being that: 1. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and 11. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 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. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any liability for erosion, siltation or increase flow of drainage resulting from this Project. (Engineering, Planning) 137. 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 faciJities benefit district to finance the construction ofregional facilities. (Engineering) 138. Prior to approval of each Final Map for the Project, the Applicant shall comply with all previous agreements as they pertain to this tentative map. (Engineering, Planning) 139. Prior to approval of each Final Map for the Project, 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 Page 27 of 33 7E street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. The developer further agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. (Public Works) 140. 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 potentia] future regional benefit assessment district formed to finance regional facilities. (Engineering) 141. Prior to approval of the applicable Final Map for the Project, 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 hislher 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) 142. No final "B" Maps may be recorded within Village Seven SPA area until such time that an annexable Mello Roos District, or some other financing mechanism approved by the schoo] district, to provide for the construction of needed elementary, middle and high schools is established. (Engineering) 143. Prior to approval of the first final "A" Map for the Project in order to satisfy their fair- share contribution for financing the transit system, the Applicant shall enter into an agreement with the City which states that the Applicant will not protest the formation of any potential future regional benefit assessment district formed to finance the transit system. (Engineering) 144. 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 of Genera] Services and approved in form by the City Attorney. (Engineering, General Services) 145. The Developer shall enter into an agreement with the City of Chula Vista, prior to approval of Developers' first Final Map, regarding the provision of affordable housing. Such agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the Village Seven Affordable Housing Plan. (Engineering) Page 28 of 33 7£ MISCELLANEOUS 146. The Developer shall implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Air Quality hnprovement Plan (AQIP). (Planning) 147. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. The Developer shaH modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final Map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. (Planning) 148. The Developer shall implement the final WCP measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the Water Conservation Plan (WCP). (Planning) 149. The Developer acknowledges that the City Council may, fÌom time-to-time, modify water conservation measures as technologies and/or programs change or become available. The Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each Map approval within the Project. The new measures shaH apply to development within all future map areas, but shall not be retroactive to those areas, which receive Final Map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented. (Planning) 150. The Applicant shaH install all public facilities in accordance with the Village Seven 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 fÌom 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) 151. 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) Page 29 of 33 7C 152. 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 ArcYiew (GIS) format and shall contain the following individual layers: a. Tentative Map Limits (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Street Names (annotation) f. Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3 Y2" disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 153. 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) g. Open Space maintenance areas with maintenance codes (polygons, annotation) h. Public and private structural BMP's (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 3y," disks or CD, as an e-mail attachment to the City Engineer or as otherwise approved by the City Engineer. (Engineering) 154. On each Final Map, the boundary of the subdivision shall be tied to the California State Plane Coordinate System (NAD 83, Zone 6). (Engineering) 155. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Applicant shall complete the following: (1) Fund a fair share 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 and is to be Page 30 of 33 7£ completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. (Engineering) 156. 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 ofChula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. (Planning) 157. If Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "8" 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., fina1 "8" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. (Engineering) PHASING 158. 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) 159. If phasing is proposed within an individual map or through multiple Final Maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any Final Map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. (Engineering) 160. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as Page 31 of33 7£ required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out of Village Seven SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Seven 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 Seven 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) 161. Unless access, drainage and utilities are shown on the master Tentative Map to the satisfaction of the City Engineer and the Director of Planning and Building, prior to approval of any Final Map proposing the creation of multi- family housing for the Project, including any 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 within the Project pursuant to Section 66426 of the Subdivision Map Act, unless waived in writing by the Director of Planning and Building and the City Engineer. (Engineering, Planning) CODE REQUIREMENTS 162. 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 Manua1. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 163. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable. Pay the amount of said fees in effect at the time of issuance of building permits. (Engineering) 164. 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) Page 32 of 33 7£ 165. 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) 166. The Applicant shall comply with Chapter 19,09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering) H:ICOMMDEVIJimHIVillage7CC1012041V7 PCS- 05-09 Conditions CC 101204 .doc10/8/2004 Page 33 of 33 7£ COUNCIL AGENDA STATEMENT ITEML MEETING DATE: October 12. 2004 ITEM TITLE: Resolution approving in concept the Memorandum of Understanding between the City Of Chula Vista and San Diego Gas and Electric regarding pro osed terms for the gas and electric franchises. (4/Sths Vote: YES_NO ~ SUBMITTED BY: City Mana REVIEWED BY: City Mana RECOMMENDATION: That Council approve in concept the Memorandum of Understanding ("MOU") between the City of Chula Vista and the San Diego Gas and Electric ("SDG&E") regarding proposed terms for the gas and electric franchises. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In 1972 the City granted an electric rranchise to SDG&E. That rranchise was extended in 1998 and expired in June 2003. The City and SDG&E have been working for the past two years to negotiate new gas and electric rranchises. Under the terms of this MOU, which will become the basis of the new rranchise agreements, SDG&E will continue to deliver electricity and natural gas to the residents and businesses of Chula Vista. A summary of the terms and benefits of the MOU are as follows: · The City and SDGE will work together at the California Public Utilities Commission ("CPUC") to have the proposed 230kV line along the BayfTont corridor undergrounded and the removal of two of the existing 138 kV lines and supporting structures, at an estimated cost of$36-41 million. · The City and SDG&E will work together at the CPUC to accomplish the undergrounding of the remaining 138kV lines and supporting structures, along the BayfTont corridor rrom the existing power plant area to the Sweetwater River, which is anticipated to occur before the end of 2008. This will be accomplished through the use of some City 20A funds, which are estimated at $14 million. Ifneeded, SDG&E has agreed to advance the City up to $10 million of its 20A funds interest rree to complete the City portion of this undergrounding. · The major long term benefit of the undergrounding and removal of the lines and structures along the Bayrront is the facilitation ofthe development of the Bayfront Master Plan. The removal will greatly increase the value of the State Tide Land currently under the control of the San Diego Unified Port District. 8-1 ------_..~--_..._-----_.._----,_._--~---- · The City has preserved our right to pursue Greenfield Development. If SDG&E fails to fulfill their commitment to underground the Bayfront, in March 2010, the City can initiate the option to do Greenfield. · SDG&E has committed to work with the City to place future facilities aIong the Bayrront underground and to maintain this area as an underground district. · SDG&E commits to continue the City's 20A funding at a rate of $2 million per year for the term of the electric rranchise, which is the highest paid in SDG&E's territory and will total $20 million. · If all necessary federal, state and local permits are received and an alternative site can be identified, SDG&E will, at its sole cost, relocate the existing switchyard rrom the power plant site, at an estimated cost of $50 million. · SDG&E will spend $375,000 on the creation of parks on the west side of Chula Vista along its transmission corridor. · SDG&E will spend $105,000 to screen and beautify existing substations within the City. · SDG&E will cooperate with the City's efforts to become a Community Choice Aggregator · Over the next five years, SDG&E will spend approximately $2 million annually to ensure Chula Vista customers receive a representative portion of current and future energy conservation and renewable energy proj ects for a value of $10 million. In addition, SDG&E agrees to cooperatively work with the City to continue such Public Purpose Funding for the life of the Franchise. · SDG&E will use the City as its exclusive issuer of SDG&E's Industrial Development Bond issues. They estimate issuing $1.5B for projects within the next 10 years. City will earn significant fees for this service. SDG&E has agreed to increase the City's fee from 25 basis points plus costs to 35 basis points plus costs, which will generate a net increase of approximately $1.5 million. The total projected value to the City will be $5.3 million. · SDG&E will increase the Electric Franchise Fee rrom 1.1% to 1.25%, which will be the highest paid in SDG&E territory without a surcharge. The new electric rranchise fee will generate approximately $2.1 million in new revenues during the life of the rranchise. The estimated total electric franchise fee revenues will be $16.5 million for the life of the rranchise. The Gas Franchise Fee will remain at 2.0% and will generate an estimated $26.3 million. The total revenue anticipated under the fee arrangement will be $42.8 million. · Upon adoption of the rranchise agreements, SDG&E will be the provider of electricity to the Chula Vista residents and businesses; however, those same customers will have the option to select the City as their electricity provider. The MOU maintains the City's ability to pursue Community Choice Aggregation once the rules and regulations are established by the CPUC. 8-2 ._-_.,----,---~-_._._-"--_. The MOU, provided as Attachment 1, sets out the framework that will, in concept, form the basis of the Franchise Agreements. The terms of the MOU will not become effective unless and until the Franchise Agreements are effective. The initial term of the Franchises is proposed to be for a ten (l0) year period. The term will be automatically extended for an additional 20 years provided that all of SDG&E's obligations are materially satisfied. The City and SDG&E will continue to work together to draft the rranchise agreements based upon this conceptual rramework and intend to present those to the Council within the next few weeks. FISCAL IMPACT: The fiscal impact to the City during the initial ten (10) year term is estimated to be rrom $115 - 121 million. (Exhibit 2) In addition to these financial benefits to the City, it is anticipated that upon authorization SDG&E will relocate the switchyard off the Bayrront, at an estimated cost of $50 million. Attachments: 1. 2. Memorandum of Understanding Franchise Valne J:\Attorney\EHull\Agenda Statements\SDGE MOD.doc 8-3 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CHULA VISTA This Memorandum of Understanding ("MOU") is entered into this _ day of 2004, by and between SAN DIEGO GAS.& ELECTRIC COMPANY, a California corporation ("SDG&E" or "the Company") and the CITY OF CHULA VISTA, a chartered municipal corporation ("City"), hereinafter collectively referred to as "the Parties," with regard to the following: A. SDG&E currently provides the distribution and sale of natural gas and electricity within the City's jurisdictional boundaries on a month to month basis pursuant to the terms of the rranchise entered into by the Parties and effective as of July 1, 1998. B. Pursuant to its rights as a charter city, the City formed its own municipal utility. In the pursuit of its municipal utility goals, the City considered multiple concepts including municipalization, a program to acquire newly constructed distribution facilities known as "greenfield" installations, community choice aggregation, generation and other energy project alternatives. C. After lengthy negotiations, the City and SDG&E have agreed that it is in the best interest ofthe Parties, the residents and businesses of the City ofChula Vista, and utility ratepayers of SDG&E, for the City and SDG&E to enter into this MOU providing for specific community-wide benefits and new gas and electricity franchise agreements between the parties incorporating the following terms. 8-4 1 NOW, THEREFORE, the Parties agree as follows: AGREEMENT TERMS 1.1 Cooperation: Both Parties recognize that the interests of the residents and businesses of the City ofChula Vista are best served by a cooperative relationship between the City and SDG&E. In that regard, SDG&E commits to timely brief, in a reasonable time in advance, the City staff on planned filings related to construction of facilities within the City or as to major rate changes at the California Public Utilities Commission ("CPUC") or other public agency that may materially affect the residents and businesses of the City and agree to attempt to resolve any issues. The City commits to timely brief, in a reasonable time in advance, and to work with SDG&E to resolve any issues, prior to making any filings by the City to the CPUC or other public agency which may be considered adverse to SDG&E. 1.2 Bayfront Undergrounding: A key objective of the City is to remove all above ground electric lines and associated hardware as described herein and to underground such lines and associated hardware in the area identified in paragraph I.3 as the Bayrront. The City and SDG&E have agreed to work in concert to achieve that result as set forth in this MOD. 1.3 Bayfront Transmission Lines: SDG&E has filed an application with the CPUC for a Certificate of Public Convenience and Necessity ("CPCN") for construction of a new 230kV line and associated hardware that runs rrom the proposed Otay Mesa power plant through Chula Vista including, in part, the Bayrront (the "Project"). City recognizes the significance of this Project to SDG&E and will coordinate meetings with the CPUC staff and commissioners. SDG&E and City will cooperatively work to achieve the objective of undergrounding the 230kV line including cables, splices, conduits, vaults, and any associated hardware ("230 kV Line") identified on the map that is attached hereto as Attachment A that were originally identified in the CPCN application to be above ground ("Alternative") at the location commencing south of the Sweetwater River at 8-5 2 ________.____.._._.m....__._____._._.._..._....,____ ._ approximately Tower 189507 south to approximately Tower 188701 where there will be the addition of two single pole structures located approximately at Towers 188701 and 18700 and a cable pole located adjacent just north of Tower 88701. The designated area shown rrom Towers 189507 to approximately 188701 shall hereinafter be referred to as the "Bayrront". The City and SDG&E will actively support the Alternative in the pending environmental and regulatory review process for the Project. The City and SDG&E will support the Project as modified by the Alternative and will mutually continue efforts at the CPUC to provide justification for the Alternative and detailing the special circumstances that exist to reinforce the joint position on said Alternative. At this time, SDG&E has no plans for a 500 kV project along the Bayrront. In the event at some time during the term of this MOU additional transmission or distribution lines are needed along the Bayrront, SDG&E agrees it will file for such lines to be undergrounded as a preferred alternative and work cooperatively with the City to maintain this area as an underground district. I.3.A Upon the FERC, ISO, and CPUC's approval, as necessary, acceptable to SDG&E, to proceed with the construction of the Project with the Alternative, the 230 kV Line would be placed underground in conjunction with its construction, currently scheduled to begin July 2005 and be completed by June 2007, dependent on the timing of CPUC approval and other required permits. Approval shall be deemed acceptable to SDG&E provided that it is not materially different rrom the application (submitted and as may be revised by SDG&E and as may be modified by the Alternative), not materially detrimental to SDG&E, and the cost of said Project will be fully collected in rates. This undergrounding construction, currently estimated to cost approximately $31 to $36 million, would be done and paid for by SDG&E consistent with its rules and regulations for electric transmission construction. I.3.B. The City agrees that it will work cooperatively to minimize costs and expedite the construction of the Alternative, ongoing maintenance, 20A projects, new service extensions, and other SDG&E utility projects that are consistent with City policies, including expeditious processing of all permits necessary for SDG&E's design, construction and maintenance of the facilities associated with the construction ofthe 230 8-6 3 kV Line including the undergrounding, consistent with all laws and regulations applicable to the Project. Consistent with all laws and regulations, the City will also expeditiously process any coastal development permits and timely provide any applicable exemptions necessary for the construction of the Project including the Alternative. The City will assist SDG&E in meeting all requirements so that City may timely issue permits consistent with all applicable laws and regulations. Both Parties agree to cooperate to the fullest extent possible to obtain additional easements that may be needed as a result of this undergrounding and reduce the costs for undergrounding or removal of all facilities described herein. The Parties understand that the schedules set forth in this MOU are estimates only and dependent on the timely issuance of all required federal, state, and local regulatory approvals, permits, and authorizations. 1.4 Existing 138 kV Transmission: There are currently three 138 kV circuits, cables, splices, conduit, vaults and associated hardware ("138 kV circuit") rrom the South Bay switchyard proceeding north overhead along the BayfTont. In addition, two of the existing 138 kV circuits continue to proceed south of the switchyard then east through Chula Vista. The City has a primary objective to underground the currently existing, north and south, 138 kV circuits as described below and to eliminate the associated bridge structures and associated hardware. The Parties agree to work in concert as described herein to achieve such goal. I.4.A. There are three required conditions for undergrounding or removal of all of the existing 138kV circuits. First, the proposed 230 kV Line along Chula Vista's BayfTont must be approved by the CPUC and undergrounded. Second, the Main Street substation or "suitable alternative location in San Diego" must be upgraded as set forth in Section I.4.B to a 230kV facility ("Upgrade"). Finally, the City designates 20A funds for the undergrounding of one of the three 138kV circuits, described herein as Tie Line 13815 (Tie Line 13815 consists of the 138 kV Transmission lines). In addition, with respect to the undergrounding of the 138 kV circuits rrom Tower 281763 and south to Towers 188700 or 188701, as described in Attachment A, is conditioned upon the removal or relocation of switchyard as set forth in I. 7 below. 8-7 4 I.4.B, SDG&E will file all needed application with the CPUC and other applicable regulatory agencies (except the City of San Diego Coastal Permit which will be applied for by SDG&E within one month of receiving CPUC approval of said application and other permits needed during construction), by March 31, 2005 for the Upgrade and the removal of the two 138 kV circuits and associated bridge structures along the Bayrront rrom Tower 189507 to Tower 281763. After having received all necessary FERC, CPUC and ISO approvals acceptable to SDG&E, the Main Street substation will be upgraded and/or moved. Approval shall be deemed acceptable to SDG&E provided that it is not materially different rrom the application (submitted and as may be revised by SDG&E), not materially detrimental to SDG&E, and the cost of said Upgrade will be fully collected in rates. As a result of the upgrade, SDG&E will remove two 138 kV circuits and underground 138 kV circuit Tie Line 13815 on the Bayrront rrom Tower 189507 to Tower 281763 provided City has timely designated the use of 20 A funds to accomplish the undergrounding of Tie Line 13815 prior to the Upgrade. SDG&E has agreed that as a part of the upgrade to the Main Street substation, the associated two 138KV circuits will be removed and the cost ofremoval will be borne by SDG&E. I.4.C The cost to underground Tie Line 13815 on the Bayrront from Tower 189507 to Tower 188701 is currently estimated to cost $14 million (in 2004 dollars). The City will pay the actual cost for undergrounding Tie Line 13815 utilizing its 20A funds or any other alternative funding the City may have. I.4.D In order to fund the undergrounding of Tie Line 13815, the Parties agree that the City will reserve and designate its entire unspent 20A allocation, estimated to be $5 million, for the funding of the undergrounding for Tie Line 13815. The City will designate and dedicate one half of its $2 million annual allocation ($1 million annually) rrom 2004 through 2013 as additional initial funding for undergrounding Tie Line 13815. The undergrounding is scheduled to occur prior to 2013 however, the City may borrow ahead for up to the entire $10 million previously described to fund Tie Line 13815. If this amount is still not sufficient and the Franchises are in effect, the City will be permitted to borrow forward additional 20A funds of $1 million annually if necessary to 8-8 5 complete the funding of the undergrounding of Tie Line 13815 not to exceed $5 million ("Supplemental Borrowed 20A Funding"). 1.5 Supporting Structures: The estimated target date for the removal of the two 138 kV circuits and supporting steel lattice bridge structures, high voltage insulators, overhead conductors and all associated hardware ("Supporting Structures") north of Tower 281763 shall be by or before the end of2008 conditioned upon the following: (1) the City has authorized the use of available 20A funds for the undergrounding of Tie Line 13815, (2) the 230kV Line has been energized, (3) the Main Street substation or alternative site has been upgraded to 230kV, and (4) Tie Line 13815 has been undergrounded north of Tower 281763 in accordance with Section I.4.B. SDG&E will remove the Supporting Structures that supported those 138kV lines at its sole cost. The cost of this removal to SDG&E is currently estimated to be $5 million. 1.6 Existing 69 kV Transmission: There are also 69 kV circuits on wooden poles along the Chula Vista BayfTont. The City can fund the undergrounding of these lines with any of its 20A allocations not committed to Tie Line 13815, or any other alternative funding the City may have. Any advances for 20A funds (not including the Supplemental Borrowed 20A funding) in excess of the amount needed to fund the undergrounding of Tie Line 13815, can also be used for undergrounding these facilities. The Parties agree to work cooperatively, consistent with the overall objectives of the City, to remove such poles at the earliest time practicable. 1.7 Switchyard: In the event the Project has been constructed, the Main Street Substation has been Upgraded to 230 kV, and the South Bay Power Plant can be and is retired, replaced, or relocated such that the facility cannot be returned to service without new authorization rrom any and all required authorities, and all necessary SDG&E Board and FERC, CPUC and California Independent System Operator (CalISO) approvals acceptable to SDG&E are acquired for the relocation of the switchyard, SDG&E will relocate the switchyard at no cost to the City provided that the City provides, at no cost to SDG&E, adequate land for the new switchyard in an acceptable location and land rights as defined below to SDG&E to interconnect with its electric system. The approvals 8-9 6 acquired for the relocation of the switchyard shall be deemed acceptable to SDG&E provided that it is not materially different rrom the switch yard relocation application (submitted and as may be revised by SDG&E), not materially detrimental to SDG&E, and the cost of said relocation will be fully collected in rates. SDG&E will consider the following factors in determining an acceptable location: (1) The new location must have permanent easement and the same entitlements as are· currently held by SDG& E for the existing switchyard or an alternative acceptable to SDG&E. (2) Such a new switchyard would be located at an alternative location on Chula Vista's Bayrront, west ofI-5, adjacent to existing right of way and on land that is environmentally clean and seismically acceptable, or, if circumstances warrant, at such location as the parties may mutually select. (3) The footprint for a new switchyard would be at least 450 x 650 feet depending on the connections. The cost to SDG&E is currently estimated to be approximately $50 million. Upon relocation ofthe switchyard and pursuant to section 1.4A, the 138 kV circuit located rrom Tower 281763 to Towers 188700 or 188701 as determined by the City will be undergrounded and the Supporting Structures (towers, overhead lines and associated hardware) will be removed rrom Tower 281763 to Tower 188700 and Tower 188701. SDG&E will work with the City to minimize overhead structures once the location of the new Switchyard is determined. SDG&E will include the removal of said items with its application for the relocation of the Switchyard. This undergrounding and removal will be done and paid for by SDG&E consistent with its rules and regulations. The City will timely process all necessary City permits and support SDG&E in its applications to accomplish this construction, consistent with all laws and regulations applicable to SDG&E and the City. 1.8 Nonperformance: It is recognized by both Parties that completion of key objectives is crucial to this MOU. However, timely performance by SDG&E is, in part, outside of its control. I.8.A. In the event that the City has fulfilled its obligations hereunder, and through no other fault of the City, the Parties are unsuccessful in achieving removal and/or undergrounding of the 230kV and 138kV lines along the Bayrront as determined by a CPUC final decision, SDG&E agrees the City has not achieved its primary benefit 8-10 7 ___.___..._M____.._______._______...__ _ hereunder. At such time as the CPUC has denied the actions requested in Sections 1.3, 1.4, and 1.5, and a period of sixty (60) months from March 31, 2005 has passed, section 1.8,B as to the statutory franchise fee amount (immediately following) and the obligation of the City to rerrain from Distribution Services set forth in section 1.14.A will be waived by SDG&E. The occurrence of any such waiver does not terminate the grant of rranchise. I.8.B. To the extent that SDG&E no longer provides exclusive energy utility distribution and transmission services in the City, as defined above, it has not achieved one of its primary benefits hereunder. To the extent that this situation occurs, the Parties agree that the compensation under the rranchise agreements will be revised to provide that concurrent with such event for the remainder of the term the City will be paid the statutory rranchise fee amounts payable to general law cities under the California Public Utilities Code and standard Tariff Rule 20A allocations. I.9. Community Choice Aggregation: SDG&E will cooperate with the City's efforts to participate in Community Choice Aggregation as it is implemented by the CPUc. Once the regulatory rules have been established, and all legal appeals of SDG&E have been exhausted, SDG&E will comply with the rules and regulations implementing such CPUC orders and state law. I.IO. Industrial Development Revenue Bonds: For the term of the MOU, SDG&E grants to City an exclusive right to be the issuer of SDG&E' s Industrial Development Bonds ("IDB") issues and refinancings on the following conditions: a) The processing ofIDB issues and refmancings are completed in a timely manner.; and b) Chula Vista's issuance charge is no more than 35 basis points (in addition to Chula Vista's administrative costs related to bond issuance, such costs are limited to the CITY's actual costs directly related to the processing of the bond issuance); and c) Chula Vista charges no annual fee or costs; and 8-11 8 _·___.___..._.__.,__u__,,_____._..___..,. d) Chula Vista's Bond Counsel indicates that Chula Vista's involvement with respect to each issue or refinancing is permissible under the then current tax laws and this it is not necessary to obtain a Superior Court judgment in a validation action. The City and SDG&E must follow a reasonable schedule of activities in order to enable SDG&E to obtain available allocation of state ceiling on qualified private activity bonds or to close transactions in a timely fashion that does not detrimentally impact the ability to obtain such funding by SDG&E on a timely basis or the rates available, to be mutually developed by SDG&E and the City, including timely submission ofthe California Debt Limit Allocation Committee ("CDLAC") applications, approvals of City Council resolutions, and execution of bond documents. Additionally the City will not have approval authority over, or be able to designate capital projects associated with such fmancings. Nothwithstanding the forgoing, SDG&E will provide the City with a list of the designated capital projects associated with said financing. In the event the city procedures as implemented do not provide SDG&E the ability to get the funding in a timely manner as set forth herein, SDG&E may use an alternate issuer. Ll1. City Permitting and Review: On the effective date of the MOU, SDG&E will pay the City a one-time fee, in an amount of $250,000, for development of standardized and expedited permit processes and requirements for utility proj ects and maintenance work consistent with CPUC regulation and generally accepted industry standards. SDG&E and the City will develop a standards manual to address the issues herein and will be completed within 120 days of the effective date of this MOU. The City and SDG&E commit to work together to streamline and expedite City permitting and processes for 20A and other utility work, including construction of new service inrrastructure and maintenance on existing inrrastructure, to minimize costs and maximize benefits to the Parties. Ll2. Substation Beautification and Western Chula Vista Parks: SDG&E will provide $105,000 of services to beautify electric substations within the City. SDG&E will 8-12 9 ------.--.,---..- provide to the City an additional $375,000 in services performed by SDG&E which are acceptable to the City for use of transmission rights of way as park space in western Chula Vista, consistent with and that would not interfere with operation, practices, and service of the utility. I. 13. Public Purpose and Other Program Funding: The Parties recognize that SDG&E collects certain amounts generally referred to as "Public Purpose Program" ("PPP") funds rrom each ratepayer. In order to maximize the effectiveness of partnering between the City and SDG&E in this area, SDG&E and the City will do the following: I.13.A. Public Purpose Funding - Energy Efficiency: Contingent on SDG&E obtaining the necessary funding and associated approvals rrom the CPUC, including SDG&E's administration of these programs in Chula Vista, SDG&E commits to develop a portfolio of program activities including PPPs to benefit the City and its residents by an estimated range of two million dollars ($2,000,000) per year over a five year period (for a total often million dollars), the specific annual expenditures being dependent upon a number of factors which include, but are not limited to: the inventory of qualified projects within the City; the success of the cooperative efforts of the Parties to identify and pursue qualified projects; the ability to gain verifiable energy savings; and the actions of the CPUC. Contingent on SDG&E obtaining the necessary funding and associated approvals rrom the CPUC, SDG&E agrees to cooperatively work with the City to continue such Public Purpose Programs for the life of the Franchise. I.l3.B. New Funding Opportunities: SDG&E will consult with City at the earliest reasonable opportunity, with respect to the programs, events and services to be implemented within the City, including, but not limited to, residential and commercial new construction project design assistance and incentives, commercial and industrial programs, demand reduction, residential rebates, marketing and outreach, technical assistance, and sustainable communities. Further, SDG&E agrees to work with the City on the creation of new energy efficiency programming to benefit its citizens, which programs would be submitted for CPUC consideration and approval throughout the rranchise term. 8-13 10 L13.C. The City will support, consistent with City guidelines and policies, SDG&E at the CPUC and other agencies in SDG&E's efforts to retain and promote energy efficiency programs and SDG&E will support and encourage the City's development of such programs. I.14. Franchise Agreements: As a condition precedent to the other terms ofthis MOU, the parties will finalize and have in effect a new gas utility rranchise agreement and a new electricity utility rranchise agreement ("Franchises") approved by the City Council and SDG&E Board of Directors including the following terms: I.14.A. Grant: The City will grant rranchises for gas and electric service to SDG&E and will commit that the City will not p.articipate in the provision of electric or natural gas Distribution Services by itself or others within its jurisdictional boundaries for the term of the rranchises. For the purposes of this MOU "Distribution Services" shall mean the ownership and/or operation by the City itself, or with or by any third party, of any facilities, including pipes, wires, and electric and gas utility plant and related services for the transmission or distribution delivery of electricity or natural gas to consumers within the boundaries of the City of Chula Vista. Excluded rrom this definition is the performance by the City of Chula Vista of (i) those rights and duties specific to community choice aggregation or other sale of power or natural gas commodity to consumers, within or outside CITY limits if authorized and as approved and implemented by the CPUC, if such is required or (ii) generation of electric power. I.14.B. Term: The primary term ofthe Franchises shall be ten (10) years commencing on the first day of the month following final City Council approval and the City's fulfilhnent of all City charter requirements. If all the obligations of SDG&E are materially satisfied within such term, SDG&E shall receive an automatic extension of the Franchises of twenty (20) years rrom the expiration of the primary term under all then existing terms and conditions. I.14.C. Franchise Fees: The electric rranchise fee will increase rrom the current 1.1 percent to 1.25 percent of the gross annual electricity receipts within the City, or the statutory maximum for general law cities if higher. The gas rranchise fee will be 2.0 8-14 ]] percent of the gross annual gas receipts within the City, or the statutory maximum for generallaw cities if higher. If a statutory rate for general law cities becomes effective, the rranchise fee increase to the City will become effective at such time as SDG&E is able to collect the increased amount in rates. I.l4.D. Undergrounding Allocation: SDG&E will provide a 20A allocation to the City, rrom total funds authorized by the CPUC, of $2 million per calendar year commencing as of January 1,2004 and continuing for the term of the electric rranchise, I.l5. MOU Term: The effective date ofthis MOU shall be the effective date of the Franchises. The term of this MOU shall be the same term as the Franchises. I.l6 Facilities Placement: SDG&E and City shall cooperate to minimize costs and as to the placement of any current or future transmission line construction and, any necessary underground vaults/conduits, including but not limited to, designing such vaults/conduits to accommodate potential additional circuits and units. SDG&E retains the right to place its facilities to operate its electric system. General Provisions 11.1 No Reliance: The Parties represent and warrant that they have read all of this MOU and fully understand same, that they have had an opportunity to consult legal counsel, and that they are relying solely upon their own judgment and/or the advice of their own counsel in entering into this MOU, and that no promise, inducement, representation or agreement not contained herein has been made to them by any person. The Parties understand that SDG&E is a regulated public utility and is bound by the rules and regulations of the CPUC, and other agencies having jurisdiction, as they may be amended or changed rrom time to time. Notwithstanding the above, nothing in this MOU shall be construed to prevent the exercise of all rights by either Party, including participation in regulatory, regional or any public forum, unless specifically provided herein. 11.2 Binding: This MOU shall be binding upon, shall inure to the benefit of, and shall be enforceable by, the Parties and their respective legal representatives, successors-in- 8-15 12 interest and assigns. Notwithstanding the foregoing, the Parties understand and agree that this MOU must be approved by the City Council before it can be binding on the City and by the SDG&E Board of Directors. The Parties agree to negotiate in good faith on such additional terms and provisions as may be necessary and desirable to achieve the objectives outlined in this MOU. 11.3 Authorization: Those persons executing this MOU warrant and represent that they are authorized to execute this MOU on behalf of their respective entities. 11.4 Amendment: No amendment or modification of this MOU shall be valid unless in writing and signed by the Parties. This MOU shall be construed in accordance with the laws of the State of California. 11.5 Counterparts: This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 11.6 Captions: Captions in this MOU are inserted for convenience of reference and do not define, describe or limit the scope or intent of this MOU or any of its terms. 11.7 Recitals, Exhibits: Any recitals set forth above and any attached exhibits and Diagrams are incorporated by reference into this MOD. 11.8 Delay: City and SDG&E understand that the scheduled dates herein are target dates that may be delayed in the event that regulatory decisions and necessary permits are not timely issued. In addition, delay may be a result of the inability or failure to obtain the appropriate environmental clearances within the time lines set forth herein, or labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, litigation, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in transportation, adverse weather conditions not normally anticipated in projects of this type, or other casualties beyond the reasonable control of the Parties. 8-16 13 IN WITNESS WHEREOF, the Parties have executed this MOU by their duly authorized representatives as of the date first written above. CITY OF CHULA VISTA, a chartered SAN DIEGO GAS & ELECTRIC municipal corporation COMPANY, a California corporation By: By: Stephen C. Padilla Mayor, City ofChula Vista Title: Attest: Susan Bigelow, City Clerk Ann Moore, City Attorney J:AttorneylDRAFT SDGE MOD 100804 8-17 14 .--____._._.._.~_... ·___·__·_~___M____._.__,._... I I-~ I I I I I I I I I 1_- 00 Q Q N = o .... .... ~ ~ o ,..;¡ .... = ~ .. .. = U ~ ~ o " c.~- " 00 õb-bõ c 0 00 .~ :;:: ...... ;>""" ~ g æ o~o "'''0 NSr--. ~_OO " <..> 00 CÈ- N ~ .... ~ '1:1 .. ~ .È' ~ .... .... -< ~ 1:00 Q, ~ .§~ ~-= ~ .... < g 00 -= .... .... ~ ~ ;> ~ ,Q M N .... = o .=: ~ ~ ~ R-1R oj :E ..!! .~ '" E o <..> " .<> ~ "" c ,z -< o N E ~ ::r: o c 'm !! B ;> "" '" '" ~ . SDG&E Undergrounding Rule 20A Public Purpose Funds Western CV Park Development Substation Beautification Manual Payment Electric Franchise Fee Gas Franchise Fee Industrial Development Bond Fee Total Value J:\Attorney\EHul1\Franchise Value.doc ------~--_.".._..--~._._.._._.,--~. ATTACHMENT 2 Franchise Value $36-41 million $20 million $10 million $375,000 $105,000 $250,000 $16.5 million $26.3 million $5.3 million $]]4.83 - ]]9.83 million 8-19 RESOLUTION NO, 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN CONCEPT A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC REGARDING PROPOSED TERMS FOR THE GAS AND ELECTRIC FRANCHISES WHEREAS, the City did previously grant gas and electric rranchises to SDG&E; and WHEREAS, those rranchises expired in June 2003; and WHEREAS, the City and SDG&E have been working for the past two years to negotiate new gas and electric rranchises; and WHEREAS, the City and SDG&E have agreed it is in the best interest of the parties, residents, and businesses of the City for the City and SDG&E to enter into a Memorandum of Understanding ("MOU") which provides the conceptual rramework for new rranchise agreements; and WHEREAS, the City and SDG&E will continue to work together to draft the rranchise agreements based upon this conceptual rramework and intend to present those to the Council for consideration within the next few weeks. NOW THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista hereby approves in concept a Memorandum of Understanding between the City Of Chula Vista and San Diego Gas and Electric regarding proposed terms for the gas and electric rranchises and conditioned upon City Council approval of said rranchises. BE IT FURTHER RESOLVED that the City Council does hereby retain its sole and unfettered discretion on all future actions related to consideration of the proposed rranchises. BE IT FURTHER RESOLVED that the City Council directs the City Attorney and City Manager to make minor modifications to said MOU consistent with intent of said agreement and in the best interests of the City and hereby authorizes the Mayor to execute the final MOU. Presented by Approved as to form by David D. Rowlands, Jr. City Manager (Á- ~~ Ann Moore City Attorney J:Attorney/Reso/MOU/SDGE Franchise 2004 8-20 ___·____~_···._M___~._..__