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HomeMy WebLinkAboutReso 2004-330 RESOLUTION NO. 2004-330 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-I25, 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 Improvement 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 Impact 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 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 Resolution 2004-330 Page 2 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: 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 identified 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 the Village Seven Sectional Planning Area (SPA) Plan have been analyzed in the Final Environmental Impact 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 Otay Ranch Village Seven Sectional Planning Area (SPA) Plan and supporting regulatory documents including, Design Plan, Public Facilities Finance Plan, Air Quality Improvement 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 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 General Development Plan (GDP) FEIR-90-0l and Otay Ranch Village Seven Sectional Planning Area (SPA) Plan Final Environmental Impact Report (FEIR 04-06) adopted thereto, adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. Resolution 2004-330 Page 3 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 from 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. Resolution 2004-330 Page 4 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 Impact Report (FEIR 04-06). 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 No. 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. Resolution 2004-330 Page 5 G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED 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 of Chula 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. Resolution 2004-330 Page 6 Presented by Approved as to form by <~\~~\'\~i-tj~~ Ä(~\ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 12th day of October, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone ATTEST: -=- ..:;>.Ij J ¿Lu ~~,-ð 6J. Susan Bigelow, MMC, City Cle k ) ST ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-330 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. ~ :)í JhJ.-~~ Susan Bigelow, MMC, City rk Exhibit A SPA CONDITIONS OF APPROVAL FOR OTAY RANCH VILLAGE SEVEN 1. All of the tenns, 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 tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, 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 ttom 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 Proj ect. 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 Village Seven SPA Plan Conditions of Approval 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 from 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 of land 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 Village Seven SPA Plan Conditions of Approval 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. l2. 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 Proj ect 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 SP A 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 confonn 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 from 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.) pennit requirements for urban runoff and stonn 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 Stonn 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 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 Stonn Water Management Standards Requirements Manual (Stonn Water Management Standards Manual) and shall design the Project's stonn drains and other drainage facilities to include Best Management Practices (BMP's) to minimize non-point source pollution, satisfactory to the City Engineer. 17. 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 Stonn 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 fmance 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 subj ect to the approval of the City Engineer 18. Prior to approval of the first fmal 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 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 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 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. 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 [mal "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 unifonn 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. Village Seven SPA Plan Conditions of Approval 24. The Developer(s) acknowledge and agree to comply with the provisions of the City of Chula 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-I). 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 General 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 of Planning 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 fonnation of any potential future regional benefit assessment district fonned 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 [mal map, regarding the provision of affordable housing. Said agreements shall be a condition of approval of each Developers' first tentative map. Village Seven SPA Plan Conditions of Approval 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. 32. No fInal "B" maps may be recorded within Village Seven until such time that one or more annexable Mello-Roos District(s), or other fmancing 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 ofChula Vista, prior to approval of each Developers' first fInal "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 pro gram 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) will not protest the formation of any potential future regional benefit assessment district fonned 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 shall 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. Village Seven SPA Plan Conditions of Approval 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 fonned for Village Seven. 40. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary pennit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a fonnal 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 proj ect manager shall have a well-rounded educational background and experience, including but not lirnited 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 Project 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 Village Seven 3P A Plan Conditions of Approval 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: (I) 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, fiom 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 fiom time to time, in order for the Village Seven SPA Plan Conditions of Approval 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 docwnents, including text and graphics, to the Planning and Building Department in a fonnat specified and acceptable to the Director of Planning and Building.