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HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/10 (6) Item: XIL\ Date: Apnl 10, 19% XII. PCM 95-01: SPA One ISSUE: Should the SPA One be phased as proposed by the applieanf) BACKGROUND: The applicant is proposing to phase the project as indicated in Exhibit 1-32 of the SPA One Plan. The residential portions of the project are phased as follows: Phases IA (ViII 5). IB (ViII I) Phases 2A (ViII 5). 2B (ViII I) Phase 3 (ViII 5) Phase 4 (ViII 1) Phase 5 (ViII 5) Phase 6 (ViII 5) Phase 7 (ViII I) 913 total units (745 single-family and 168 multi-family units). 1,205 total units (975 single-family and 230 multi-amily units) 493 total units (316 single-family and 177 multi-fan1ily units). 525 total units (396 single-family and 129 multi-family units) 320 units (145 single-family and 175 multi-family units). 173 multi -family units 1,129 multi-fan1ily units. The total number of dwelling units proposed for SPA One is 5,758 (2,577 single family units and 3,181 mult. family units) In addition to the residential component of the project, the following land uses are being provided in the following phases. Phase IA Phase I B Phase 2A Phase 2B Phase 3 Phase 4 Phase 5 Phase 6 Phase 7 Park P- 10 (1.2 acres) Park P-3 (2.1 acres) and the first 10 acre elementary school site Park P-6 (106 acres), Park P-9 (2.0) and CPF-5 (3.7 acres) Park P-I (I I.I acres) and Park P-4 (8 acres) Park P-8 (1.7 acres), Comm 3 (1.6 acres), Comm 4 (2.0 acres), CPF-4 (2.4 acres), CPF-7 (2.3 acres) and second 10 acre elementary school site Park P-2 (7.3 acres) Park P-I I (0.6 acres) Park P-7 (5.2 acres) Comm I (6.3 acres), Conm12 (4.8 acres), CPF-I (8.5 acres), CPF-2 (4.7 acres) and CPF-3 (1.4 acres) DISCUSSION. The subject of phasing was discussed at several Technical and Policy Committee meetings. City staff suggested that a condition of approval be developed that would strongly encourage the applicant to concentrate development in one village or another while still providing them with the flexibility to concentrate initial development on the single-family portion of the project. The specific condition regarding phasing (XI.B) ~ttempts to address both of these concerns. It essentially permits the applicant to initially develop a portion of phases lA, lB, 2A and 2B (up to the issuance of the 1,400th building pennit). Prior to issuance of the 1,150th building pennit, the applicant will be required to initiate a phasing study which will identify the village in which subsequent development will be concentrated. The study must be approved by the Planning Director and the City Engineer prior to issuance of the building permit for the 1,401st building pennit. The City Council shall finally approve the study and an additional condition will be added to the tentative map requiring the applicant to enter into an pcphas.doo.: Page I S-~ agreement with the City to comply with the results of the study TI1e proposed condition also gives the CItv Council the authority to withhold issuance of further building pennits if the applicant docs not comply WIth the studv The specific number of building permits noted in the condition of approval also relatcs to several other facilities required in SPA One. For e"ample, with the issuance of the 1,1501h building permit, the second phase of the first neighborhood park shall be commenced and the first elementary school will be opened. Additionallv, with the issuance of the 1,400th building perInit, either Orange Avenue or East Palomar Street must be constructed APPLICANT'S PROPOSAL: The applicant is in support of the proposed phasing program. OTHER POSITIONS. None. STAFF RECOMMENDATION. Approve the phasing program as proposed. AL TERNA TIVES: Phase the project in such a way that commercial de\dopmen! and the \ Illage cores arc developcd earlier in the project. RELATED ISSUES: See Item X1I.P (SPA Conditions of Approval) pcphas.do.: rag..: 2 S-3 Item: XII.B Meeting Date: Aoril 10. 1996 XII. PCM 95-01: SPA One ISSUE: Should the trigger points for parks, schools and public infrastructure improvements be established? BACKGROUNDIDISCUSSION: The following chart was presented at the Planning Commission hearing on March 27, 1996. It represents a compilation of some of the more significant conditions of approval and the related timing for construction of these improvements. The trigger points for parks were established at the various meetings of the Technical and Policy Committees. 111e trigger points, in relation to the timing of schools. arc a result of input from the school district. Traffic, sewer and drainage improvement trigger points arc based upon the traffic study, the SPA One Sewer Report and the Master Drainage Plan. APPLICANT'S PROPOSAL: The applicant is in support of the attached trigger points. OTHER POSITiONS: None. STAFF RECOMMENDATiON: Establish the attached trigger points for construction of parks. schools and public infrastructure improvements. RELATED ISSUES: See Item XII.P (Conditions of Approval) ATTACHMENTS: Trigger points. petri g. doc Page I s-y! TRIGGER POINTS REQUIREMENT DEADLINE Commence construction of first Neighborhood Park SOO units P & R Director to determine amenities in first Neighborhood Park, or pick another location for park IISO units Commence construction of first phase of Community Park 2,6S0 units Commence construction of second phase of Community Park 3,000 units Communitv Park ready for acceptance 3,900 units PARKS Deliver graded first elementary school site with access road & utilities to the S 00 units site, in Village One ISO students First Elementary School opened (Village One) I,ISO units 336 students Deliver graded second elementary school site with access road & utilitles to the 2,SOO units site, in Village Five 7S0 students Second Elementary School opened (Village Five) 3,4S0 units 1,000 students Deliver graded third elementary school site with access road & utilities to the 4,SOO units site, west of Paseo Ranchero 1,3S0 students Third Elementary School opened (West of Pasco Ranchero) S,300 units 1,668 students Deliver graded high school site with access road & utilities to the site 2,6S0 units S04 students High School opened S,300 units I, 007 students SCHOOLS Construct or guarantee the construction of offsite Telegraph 300 units Canyon Road 1-80Srrelegraph Canvon Road interehanl!e SOO units Either offsite 4 lane East Palomar St. and 1/2 diamond; Or. Orange Ave as a 6 lane mime arterial to Paseo Ranchero 1,414 eauivalent dwellinl! units Either offsite E. Palomar St. & Orange Ave. to 4 lane majors with 1/2 diamond at I-80S/Palomar; Or Palomar St. to a 4 lane major & Orange Ave. to a 6 lane 4,009 equivalent dwelling units prime arterial to Pasco Ranchero TRAFFIC RELATED IMPROVEMENTS SEWER IMPROVEMENTS determined bv flow meterin u rades & some offsites with first unit DRAINAGE IMPROVEMENTS Po [CVIl. detentionldesiltin basin w/ radin of any area in eanvon Tele ra h CVIl. detention basin w/ construction of La Media s~ Item: XII.C Meeting Date: ApnllO. 19% XII. PCM 95-01: SPA One ISSUE: Should City criteria for cstablishing park crcdit for small parks, less than 5 acrcs in Size, be available pnor to the approval of the SPA One Plan') BACKGROUND: The Parks and Recreation Commission reviewed the Otav Ranch SPA One project on October 26, 1995. The issue of size of parks and credit for small parks under 5 acres in size was discussed at that mectlllg Typically, parks under 5 acres in size would receive no park credit bccause they arc below thc minimum Size rcquircd in the City's General Plan. The applicant has proposed six pedestrian parks, totaling 7.5 aercs, in order to promote pedestrian accessible neighborhood parks. TIlCse parks range in sizc from 0.6 to 2.1 acrcs in size. It was noted at the Parks and Recreation Commission mecting that, even if the small pedcstrian parks wcre delctcd from the SPA, the project would stillmcet and, actually, exceed thc City's standard of 2 acres of local park land pcr 1,000 rcsidents. After much discussion, thc Parks and Recreation Commission voted to grant small parks under 5 acres in size partial credit if the parks wcrc not maintaincd by the City. They also dccided that the amount of ercdit receivcd should be deterI11incd by staff. They felt that the granting of partial credit would provide incentive for the applicant to retain the small parks within SPA One, and that a precedent had bccn set by anothcr dcveloper in thc City rcceiving 50% credit for certain private parks. At a subsequent Policy Committee meeting, the issue of how staff would dctennine the amount of park credit was discusscd. [t was decided that a City-widc small park criteria study would bc conducted and each pedcstrian park would be measured against this criteria. A potential range of 25% - 50% crcdit was cstablishcd at thc mccting. DISCUSSION: At the hearing on March 27, 1996, the Planning Commission voiccd concern that it was not possible to deterI11ine the amount of credit to be rceeived by small parks if they have not yet secn the criteria b\ which credit is deterI11ined. This would bc a valid concern if the applicant was depending on this credit for small parks to meet the minimum requirement. As noted above, however, the applicant has provided sufficient park land even without the small parks in order to mect their park obligation. APPLICANT'S PROPOSAL: Maintain thc condition of approval as written. OTHER POSITIONS: None. STAFF RECOMMENDATION: Adopt Condition VIJ.B which statcs, "Pedestrian parks less than 5 acres, as identificd in the SPA One Plan, shall bc maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as deterI11ined by the Director of Parks and Recreation pursuant to City-wide small park credit criteria to be deterI11ined by the Citv of Chula Vista". AL TERNA TIVES: Provide the criteria by which small park credit is measured prior to SPA One approval. RELA TED ISSUES: See Item XII.P (SPA One Conditions of Approval). pcpedc.doc l'"g'l~ Item: XII.D Meeting Date: April 10. 1996 XII. PUBLIC HEARING: PCM 95-01: SPA One ISSUE: Should park credit be assigned at the time of acceptance of the neighborhood park by the City') BACKGROUNDIDISCUSSION: The applicant has expressed concern with the timing of park credIt for neighborhood parks and has requested that staff discuss the possibility of establishing a different point in time when credit is received. The issue was discussed at Technical and Policy Committee meetings and several alternatives were brought up including: I.) credit is received upon commencement of construction of the park. 2.) credit IS received upon completion of the neighborhood park, and 3.) credit is received upon acceptance of the park by the City of Chula Vista after the required 1 year maintenance period. Staff detennined that the first option was not feasible since the applicant would be receiving credit for a park which had not been completed and which the Cm had no guarantee would be completed. Staff felt that the second option might be viable but deeided that the Planning Commission should make the final detennination. It was suggested by the Policy Committee that an alternate condition be provided should the Planning Commission decide to allow credit upon completion ofthe park and prior to acceptance by the City. An alternate condition could read as follows: "111e applicant shall receive park credit for construction of neighborhood parks upon completion of the park and prior to the 9-12 month maintenance period and acceptance by the City of Chula Vista" APPLICANT'S PROPOSAL: The applicant is in support of the alternate condition of approval and believes they have fulfilled their obligation at this point. OTHER POSITIONS: Parks and Recreation Department believes that credit should be received upon acceptance of the neighborhood park by the City and after the required 1- year maintenance period. STAFF RECOMMENDA nON: Assign park credit upon acceptance of the park by the City ofChula Vista. AL TERNA TIVES: Assign park credit upon commencement of construction of the park or after completion of the park but prior to acceptance. RELATED ISSUES: See Item XII.P (SPA One Conditions of Approval). pcpcrtim.doc Pagel ~l Item: XII.E Meeting Date: April 10. 1996 XII. PUBLIC HEARING: PCM 95-01 ISSUE: Should the first community park and the first high school site be adjacent to each oU1cr for joint use') BACKGROUND/DISCUSSION: The Otay Ranch GDP policy for parks and schools encourages the desIgn of park sites adjaccnt to public schools and other public lands where co-location of facilities is feasible. Jomt use agreements \\Ith school districts arc encouraged. This policy has been applied to the SPA One Plan mth regards to U1e location of the elementary schools and neighborhood parks. In the case of the Village Development proposal, the first high school site and the community park site are reqlllred under the SPA One Conditions of Approval to be identified at the same time. The Conditions further require that gradmg improvements and infTastructure arc provided concurrently. Though this will not automatically lead to co-location, It \\ill allow for it if such a policy is fonned by the Parks and Recreation Department APPLICANT'S PROPOSAL: None. OTHER POSITIONS: The high school district would like to see co-location of community parks and high schools They encourage joint use in order to avoid a duplication of facilities and arc willing to discuss reducing the 50-acre requiremcnt for a high school site if joint use of facilities with a neighboring community park docs occur. STAFF RECOMMENDATION: Require the design of park sites to be adjacent to public schools and other public lands. Joint use agreements with school districts arc encouraged. ALTERNATIVES: I. Require co-location of high schools and community parks. 2. Require that high schools and community parks locate in elosc proximity but arc separated by some clement such as a street or steep slope. 3. Allow the community park and high school siting to occur independently of each other. RELATED ISSUES: None prkissuc.doc Page 1 ..Pi~-; .,,( c. Item XII. F Meeting Date: April 10, 1996 PUBLIC HEARING: OT A Y RANCH SPA ONE PLAN, PCM 95-01 ISSUE; Should vehicular access to EastLake Parkway be climinated ? BACKGROUND: Access to Village Five was discussed at length at the Technical and Policy Committees. At least three access points were determined to be necessary for public safety Palomar Street provides two points of access and the project applicant had originally planned for a third access to Village Five at Telegraph Canyon or to EastLake Parkway. Staff determined that both would be appropriate to provide better access to Eastlake High School, the library and community park. Staff believes the EastLake Parkway access will reduce trips on Telegraph Canyon Road and Orange Avenue. The EastLake access was not included in the SPA One traffic study. The three access points provided at Orange Avenue, La Media Road and Telegraph Canyon Road provide sufficient access to the village according to the traffic study. The project applicant had planned to gate this access. The City is interested in this road as an access to the Otay Water District property where park facilities may be built on top of the reservoirs. City staff is currently reviewing whether it is feasible to put soccer ficlds or tennis courts on top of the reservoirs. APPLICANT'S PROPOSAL: The project applicant proposes that the vehicular access planned from Village Five to EastLake Parkway be eliminated, but that pede~trian and bicycle access be provided. OTHER POSITIONS: EastLake Development Company is opposed to the connection between Palomar Street and Eastlake Parkway. They believe with the gate at the entrance to Village Five, the connection will only serve the residents of Village Five and not their residents. STAFF RECOMMENDA nON: Maintain the vehicular access to EastLake Parkway. AL TERNA nVES: I Provide pedestrian, bicycle and cart access to EastLake Parkway. 2. Eliminate all access to EastLake Parkway. PCSPAIS2.DOC S-9 Item XII.G Meeting Date: April 10. 1996 PUBLIC HEARING: OTAY RANCH SPA ONE PLAN, PCM 95-01 ISSUE: Should additional access be provided to the single family neighborhoods north of Palomar Street In Village One') BACKGROUND: There are 1,036 single family dwelling units in II neIghborhoods planned north of Palomar Street in the SPA Plan. If all the traffic is divided evenly between the three access points then approximately 2,590 trips a day can be anticipated on each of the these Promenade Streets. While the three Promenade Streets can handle this volume, neo-traditional planning supports the use of a grid circulation pattern to provide alternative access within the village. Alternatives A and B in the EIR indicates seven Promenade Streets connecting north of Palomar Street, which staff believed provided alternative access points within Village One. The SPA One Plan reduces the aeeess to three. Staff believes that two additional eonneetions to Palomar Street will provide the alternative aceess envisioned by the neo-traditional planning eoncepts. These accesses will need gates If gates. arc approved for the project. Reduction in Promenade Streets reduces the number of pedestrian friendly access points to the village core. APPLICANT'S PROPOSAL: Only three aecess points from Palomar Street to the single-family neighborhoods north of Palomar Street. OTHER POSITIONS: None STAFF RECOMMENDATION: Require the two additional Promenade Streets be provided to Palomar Street between Neighborhood Areas R-2 and R-20 and in the middle of the project between Neighborhood R-8 and R-9. AL TERNA TIVES: Require one additional access to Palomar Street at the extension of the Telegraph Canyon Road access. RELATED ISSUES: The Telegraph Canyon Road access eloses when the required pennanent third access to Orange A venue is provided. PCSPAIS3.DOC /" Item XII. H Meeting Date: April 10, 1996 PUBLIC HEARING: OTAY RANCH SPA ONE PLAN, PCM 95-01 ISSUE: Should driveway aecess be provided to the EastLake triangular office property on Telegraph Canyon Road? BACKGROUND: This triangular property was part of the EastLakc land swap with the project applieant. Thc property is designated as office professional on the General Plan and has always been planned to have only right turns in and out onto Telegraph Canyon Road. Staff has analyzed the access and believes that therc is sufficient room to provide a driveway to the triangular parcel. APPLICANTS PROPOSAL: The project applicant does not opposed this acccss to the triangular property through the access to Village Five as long as they do not lose lots or arc required to pay for the aecess. OTHER POSITIONS: Thc Eastiakc Development Company has proposed that access be provided to the Village Fivc access onto Telegraph Canyon Road. STAFF RECOMMENDATION: Staff has significant concerns in requiring the project applicant to provide this access. While the access can be physically providcd, there is little evidence to indicate a nexus in requiring the project applicant to provide it. Staff has determined that this is a Tentative Map issue that should be resolved between the project applicant and thc EastLake Development Company. PCSPAlS2.DOC (pI Item XII.l Meeting Date: April 10. 1996 PUBLIC HEARING: OTAY RANCH SPA ONE PLAN, PCM 95-01 ISSUE Should a third access point to VIllage One be provided from Orange Avenue" BACKGROUND: Access to Village One was discussed at length with the Teehmcal and Policy Committces. At least three access points were determined to be necessary for public safety by thc Fire, Police, Engineering and Planning Departments. Palomar Street provides two points of access from Pasco Ranchero and La Media Road. After evaluating access to Telegraph Canyon Road and Orange Avenue, staff determined that a third access point to Orange Avenue was necessary. Subsequent to this decision, the project applicant changed the project development phasing to provide the initial phase and access off Telegraph Canyon Road. Staff detemlined that this access to Telegraph Canyon Road should be temporary until Palomar Street is huilt and the access to Orange Avenue is provided. Staff indicated the Orange Avenue access could be two lanes with no parking, and that it should align with the entrance to Village Two south of Orange Avenue. APPLICANT'S PROPOSAL: The project applicant docs not wish to provide the connection to Orange A venue. They believe the traffic study indicates that the four lanes of Palomar Street provide sufficient access for both normal and emergency traffic. OTHER POSITIONS: None STAFF RECOMMENDATION: Require the Orange Avenue connection to the Village One core when Palomar Street is opened from Paseo Ranchero to La Media Road and closed the connection to Telegraph Canyon Road. PCSP,\IS2.DOC /. -; It/ ~ Item: XII J Meeting Dates: April 10. 1996 XII. PUBLIC HEARING: PCM 95-01 ISSUE: Does the SPA One plan satisfy the City-wide draft criteria for gated communities? BACKGROUND: The City Manager has directed the Project Team staff to prepare a policy paper. mcluding development criteria, on the use of gates to restrict public access to new residential developments. Upon completion, the City-wide policy paper will be brought before the Planning Commission and City Council for their consideration. The purpose of this issue paper is to apply the preliminary criteria for gated communities to the Otay Ranch Sectional Planning Area (SPA) One Plan. The following criteria may change as the Commission and Council discuss these issues. DISCUSSION: GENERAL CRITERIA (DRAFT) I . "Gated communities which can not be served by police, fire, paramedics or other emergency services Within existing City-wide Gromh Management Threshold Standards (GMTS) shall be discouraged. However. the City may consider design solutions to mitigate the impacts to these threshold standards. For example, fire sprinklers in homes may help to mitigate fire response times and an "Opticom" Vehicle Strobe Detcetor System may improve accessibility to the gated areas. A mitigation measure for Police response times could be the provision of a private security patrol." The threshold standard for emergency calls is 85% response to all City-wide emergency calls within 7:00 minutes. Currently, the Fire Department is not meeting this criteria. The Fire Department believes that the gates could, potentially, increase response times resulting in further non-compliance with the acceptable threshold standards. To reduce the impact of gates as much as possible, the Fire Department would like guards at all gates in SPA One and are willing to discuss this requirement with the applicant Other design solutions, as mentioned above, could also be used to mitigate the impact gates have on response times. The Police Department has similar concerns and would also like to see guards at the gates. 2 . "The location of controlled access gates shall neither preclude public pedestrian, bicycle or cart aceess to view points, public spaces, facilities or land uses such as open space, parks, trails or commercial areas, nor impede the use of dircet pedestrian pathways or access to public transit stops and existing neighborhood pathway systems within or contiguous to the proposed project." The SPA One Land and Circulation Plans do not limit or restrict pedestrian, bicycle or electric cart access to Villages One or Five, nor do the plans inhibit use of pedestrian pathways or access to public transit 3 . "The street system in a gated community shall meet all criteria established in State regulations, City ordinances, policies and design manuals and shall not unreasonably restrict school buses, trash pick-up and mail delivery. In addition, traffic/parking regulations shall be enforced to the satisfaction of the City Engineer, Fire Department and Police Department" The SPA One proposed land plan and development criteria is consistent with established State regulations, City ordinances, policies and design manuals as they relate to the provision of facilities behind gates such as roads, stonn drains and sewers. Secondly, the SPA One Plan does not impose barriers to restrict school buses, trash pick-up or mail gatsppr3.00c Pagel ~:3 delivery. Finally, it is understood that traffic and parking regulations within SPA One must be enforced to the satisfactJon of the City of Chula Vista. 4 . "Proposed plans for gated communities shall be reviewed by outside ageneies that could be affected by the development such as the Metropolitan Transit Development Board, Chula Vista Elementary School District and Sweetwater Union High School District, U.S. Postal Service and trash collectIon and recycling." The SPA One Plan has been review by the Metropolitan Transit Development Board (MTDB) and the Cliula Vista Elementary School District. The Chula Vista Elementary School District will provide school bus scrviee to the gated areas as long as their concerns regarding access, circulation and liability are met Thc applicant wlIl provide proof to the City that elementary school bus service will be provided to the gated areas to the City's satisfaction. MTDB is not supportive of gating SPA One because they believe gating contributes to a discontinuous street system and restricts mobility. They believe that discontinuous strcets increases automobile dependence. In addition, they believe gates form artificial barriers bciween neighborhoods. MTDB sees the action of gating those units of Village One and Five as contrary to the nco-traditional goals of the Otay Ranch G D P. 5 . 'To reduce potential impacts to the surrounding and proposed communities, the number of units built in anyone gated community shall be approved by the Planning Commission and City Council. [n addition, in order to promote and maintain interactive, balanced and diverse neighborhoods andlor larger community planning areas, gates shall not be installed in locations that arc determined to separate or isolate segments of these neighborhoods or community planning areas." A goal of thc SPA One Plan is to create dcfinable neighborhoods which contribute to a positive sense of communitv Concern has been expressed that, due to the size or location of gate guarded communities, they could undermine these goals. The SPA One Land Plan contemplates two gated areas, one in Village Five and one in Village One. The proposed land plan contemplates that each gated area would contain approximately 1,030-1,700 residential units. The SPA One Plan proposes to gate portions of Villages One and Five and will largely effect only the single-fumily housing product It is anticipated that many of the multi-fumily projects will be gated separately, and the SPA One docs not propose gates to those areas at this time. The individual gating of multi-family projects would be consistent with the current proposal and should not effect the ability of Villages One or Five to achieve the goals of creating neighborhoods that arc interactive, balanced and diverse. 6 . "In considering specific gated community proposals, an evaluation shall be made of community design options other than gating that would meet the same objectives of the applicant relative to security and overall market appeal. " The SPA One Plan has followed the tenets of new urbanism and works to implement goals such as increased neighborhood interaction and security. The applicant has taken steps to increase the security of the SPA One residents through the use of innovative street design and by promoting pedestrian access to public facilities such as parks and schools. They have planned roads to channel traffic around residential neighborhoods by implementing a strategy to protect local streets from through traffic by encouraging such traffic to use major streets. Attention to street lighting, the treatment of parking and creating public spaces with activity and "eyes on the street" have also been provided in the SPA One Plan. The SPA One proposal to install gates in certain areaS may serve to enhance the goals of new urbanism by increasing resident's fuelings of safety. If SPA One residents feel more secure, then there may be more neighborhood interaction and eyes on the street. gatsppr3.doc Pagel /. /.1 / c-c" ,- 7. "Any proposed gated community, must be subject to a Homeowner's Association in order to insure proper maintenance of private facilities such as roads, stonn drains and sewage systems. In addition, prior to the ercation of a Homcowner's Association, the City shall review and approve the proposed Contracts, Covenants and Restrictions that would govem the gated community." 111e applicant anticipates the need for the fonnation of a homeowner's association for SPA One, including the gated areas. and agrees to the City ofChuIa Vista's review and approval of the contracts, covenants and restrictions that would govem the gated community SPECIFIC CRITERIA (DRAFT) 8 . "Signs shall be provided on the public streets to infonn the public of gated street arcas and spceific infonnation rclating to 'not a through street'." The applicant shall comply vvith this condition. 9 . "If public facilities, such as parks or trails, are located behind gates, adequate public signage and direction shall be provided to encourage pedestrians to enter through or adjacent to the gated arcas to aeeess such public facilities. " The applicant will comply with this condition. JO . "The location of public facilities designed to be physically accessible to Chula Vista residents such as parks, libraries, fire stations, police stations, ete. behind gates, should be avoided. If they are located behind gates, access and maintenance responsibility must be detennined prior to approval of the gated community." No major public facilities are proposed to be located in the gated areas. The applicant is proposing to locate four private pedestrian parks in the gated areas. Two of these parks arc proposed for Village One and two parks are proposed for Village Five. All of these pedestrian parks will be privately maintained. These parks are accessible to the general public either by foot, bicycle or clectric cart. II . "Proposals to gate communities shall be assessed as to their overall impact on maintaining alternate access routes to significant attractors, such as schools, libraries, hospitals, shopping centers and industrial/business parks." The SPA One Plan vvill not impede access to significant attractors. Facilities to the south of SPA One, such as high schools, libraries or shopping centers, will be accessible by either La Media Road or Paseo Ranchero. If SR-125 is developed, it would also serve the southern parts of the Otay Valley Parcel. If future gated communities are developed, they would need more analysis to detennine if the proximity of the communities cause barriers to such attractors. 12 . "Enforcement of parking standards behind gated areas shall be subject to specific control, such as invoking the City's right to enforce the California Vehicle Code to issue tickets and enforce restrictions on parking areas." The applicant will enter into an agreement vvith the City of Chula Vista to guarantee the City the right to enforce the California Vehicle Code to issue tickets and enforce restrictions on parking areas. 13 . "The City may, based on design or other impacts, require any or all gates to be staffed." The applicant will comply with the staffing requirements as decided by the City. gatsppr3.doc Page 3 ~ .s- Engineering Criteria (DRAF1) The applicant will comply with these conditions. 14 . "Gates shall be located to provide adequate vehicle stacking areas designed to accommodate PM peak flows. Stacking shall occur on-site and shall not adversely impact circulation on any public street." 15 . "Streets located within gated communities shall be privately maintained but constructed to City standards with regard to structural seetion, horizontal and vertical curve design. The Applicant shall disclose to the homeO\\11ers that the streets will be maintained at the cost of the HomeO\\11er's Association and not the City." 16 . "Private stonn drams located within gated communities shall be private up to the point where they colleet runoff from public streets." 17 . "Lighting located on private streets within gated communities will be private but must confonn to public standards." 18 . "'Public facilities such as roads, stonn drains and sewer serviee that arc provided behind gates shall be maintained to City Standards." Service Criteria (DRAF1) The applicant will comply with these conditions. 19 . "The applicant will provide proof to the City that Elemmtary School bus service will be provided to the gated communities to the City's satisfaction." 20 . "The applicant will provide proofto the City that U.S. Postal service will be provided to the gated communities to the City's satisfaction." 21 . "The applicant will provide proof to the City that trash pickup and recycling will be provided to the gated communities to the City's satisfaction." APPLICANT'S PROPOSAL: The current proposal for the Otay Ranch SPA One includes gating areas in both Villages One and Five. In Village One, four gates would only restrict vehicular access but pennit public pedestrian, bicycle or eleetrie cart access. One gate would be located at the Telegraph Canyon Road temporary access and three gates would restrict access to the north ITom East Palomar Street. A total of 1,036 single-family homes would exist behind the four gates in Village One. In Village Five, four gates are proposed that would restrict vehicular access. One gate would be located at the Telegraph Canyon Road access across from St. Claire. Two gates would restrict access to the north from East Palomar Street and one gate would be located in between Otay Water District's property controlling vehicular access from EastLake (Issue Paper XII F). A total of 1,266 single-fumily homes and 439 multi-family homes would exist behind the four gates in Village Five. A total of2,741 dwelling units arc proposed to be gated in the current SPA One Plan. OTHER POSITIONS: MTDB is not supportive of gating SPA One because they believe gating contributes to a discontinuous strcet system and restricts mobility. They believe that discontinuous streets increases automobile dependence. In addition, they believe gates fonn artificial barriers between neighborhoods. MTDB sees the action of gating those units of Villages One and Five as contrary to the nco-traditional goals of the Otay Ranch GDP. gatsppr 3. doc Page 4 /. (. ft' C:;, STAFF RECOMMENDATION: Approve the SPA One Plan with a condition requiring the applicant to be in compliance with the criteria recommended and adopted by the Planning Commission and City Council. AL TERNA TIVES: 1. Approve applicant's proposal W1thout modification. 2. Reduce the number of homes to be gates in the SPA One area. 3. Do not allow gates to be installed in any portion of the SPA One area. RELATED ISSUES: Access to East Lake Parkway. ATTACHMENTS: Attachment XII.F (EastLake Parkway Issue Paper). gatsppr 3 _ doc P'gd ~;7 Item XII. F Meeting Date: April 10. 1996 PUBLIC HEARING: OTA Y RANCH SPA ONE PLAN. PCM 95-01 ISSUE; Should vehicular access to EastLake Parkway be elIminated .) BACKGROUND: Access to Village Five was discussed at length at the Technical and POIICV Committees. At least three access points were determined to be necessary for public safet\ Palomar Street provides two points of access and the project applicant had original Iv planned for a third access to Village Five at Telcgraph Canyon or to EastLakc Parkwav Staff determined that both would bc appropriate to provide better access to Eastlake High SclIool. the llbrarv and community park. Staff believes the EastLake Parkway access wlil reduce trips on Tclegraph Canyon Road and Orange Avenue The EastLake access was not mcluded in the SPA One traffic study TIIC thrcc access points provided at Orange Avenue. La Media Road and Telegraph Canyon Road provide sufficient access to the viIlage according to the traffic study TIle project applIcant had planncd to gate this access. Thc City is interested in this road as an access to the Otay Water Distnct propertv where park facIlities may be built on top of the rescrvoirs. City staff is currently reviewing whether It IS feasible to put soeccr fields or tennis courts on top ofthe reservoirs. APPLICANT'S PROPOSAL: The project applicant proposes that the vehicular access planned from ViIlage Five to EastLake Parkway be eliminated, but that pedestnan and bicyclc access be provided. OTHER POSITIONS: EastLake Devclopment Company is opposed to the connectIOn bctween Palomar Street and Eastlake Parkway. They believe with the gate at the entrance to Village Five, the connection wiIl only serve the rcsidents ofVillagc Five and not theIr residents. STAFF RECOMMENDATION: Maintain the vehicular access to EastLake Parkway. AL TERNA TlVES: I Provide pedestrian, bicycle and cart access to EastLake Parkway. 2 Eliminate all access to EastLake Parkway. PCSPA1S2.DOC ;;2-:- '<C' Item XII.K Meeting Date: April 10. 1996 PUBLIC HEARING: OTAY RANCH SPA ONE PLAN, PCM 95-01 ISSUE: Should the Village Design Plan be modified? BACKGROUND: During the Staff review of the November 9, 1995 version of the SPA One Village Design Plan (VDP) several corrections were identified. These corrections are minor in nature and either correct grammar or clarifY responsibility. Staff agreed with the project applicant that instead of publishing a new VDP that made the correction, the changes could be handled through an errata sheet. Parts 2 and 3 of the VDP are the same design document for Villages One and Five. APPLICANTS PROPOSAL: The project applicant is proposing the corrections through the errata sheet. OTHER POSITIONS: None STAFF RECOMMENDATION: Approve the errata sheet and direct the corrections be included in the final approved documents. RELA TED ISSUES: None ATTACHMENTS: VDP Errata Sheets PCSRVDPE.DOC 01 Village Design Plan Errata (November 9, 1995 Version) Page I Revision Part One Village Design Plan Framework Universal Edit - The Otay Raneh L.P. Village Development 1-4 4th paragraph, 2nd sentence - Parts Two and Three of this document. which contain the Village Design Plans for Villages One and Five. i5 il[!;: ... 1-7 3rd paragraph, second sentence - Single family detached residential area.; with lots 3,000 sq. ft. or jllfger in any residential district may use the tentative tract map with typical building elevations and typical buildin;; locations on lots as a sHbstitute for ele':ations and siting of all buildir:c:c I-IS 2nd paragraph, 1st sentence - Each village is planned to facilitate alternateive methods modes of transportation. 1-19 I st paragraph, 3rd sentence - Where feasible, !fie park~ should be ... 1-20 2nd paragraph - ...shall be a minimum of 25 acres. and offer ... PI I st paragraph, 5th sentence - In addition to this development tTamework. tlhis chapter also identifies an ... 1-22 I st paragraph, I st sentence - The Otay Ranch Overall Design Plan Jlli Otay Ranch ... I st paragraph, 2nd sentence - It serves as a design conte~~t for the more detailed Village Design Plans I st paragraph, 3rd sentence - The excerpts from the Overall Design Plan provided below also help ill establish the design approach/philosophy which is to be implemented at the village level through tffis Village Design Plan~. 1-24 Make graphics larger to improve legibility. 1-25 I st bullet - Where grading for roads or development occurs in ~ the defined scenic corridors, contours should be carefully modulated and softened. te blending with ... 1-26 I st paragraph, 2nd sentence - correct punctuation. 1-27 I st paragraph, last sentence - correct punctuation. 2nd paragraph, 2nd sentence - In addition to iffi 1hcir mobility function ... 2nd paragraph, 3rd paragraph - The following descriptions of village streets. along with the plan and section drawings. identify ... 1-28 4th paragraph, 2nd sentence - Village Core streets are ge urban ... 1-29 I st paragraph - The key elements of a Village Core sStreet are: 3rd paragraph, 1 st sentence - The Village Main StreetIPlaza Street streetscape creates an urban atmosphere ~ support~ an ... 1-30 1st paragraph, 3rd sentence - ...patterns with a larger walkway witfl-a and H:\Otay\Desi gn\ VDP\Errata.doc 4/2/96 ;::c Page Revision a double row of trees... 1-34 I st paragraph, 2nd sentence - This chapter addresses guidelines for this type of development, while identifYing supporting policies ... 1st paragraph, 3rd sentence - ...these guidelines are intended to direct the context ... 3rd paragraph, 1st sentence - A "walkable" environment is IRe key ~ to the concept. 3rd paragraph, 2nd sentence - Pedestrian oriented development see!;'; Ie) brings. many... 1-41 I st bullet, 2nd sentence - ...public buildings (i&.. such us u to\v11 hall. community building, recreation facility, post office or library}. 1-44 3rd paragraph - Commercial building heights in the Village Core must he compatible with the heights of adjacent uses. 1-45 1st paragraph, 1st sentence - A mix of housing densities, ownership patterns, price~ and building type~ ... 1-46 continued paragraph from previous page - Setbacks reduced to zero may be appropriate for special desi!Jns strongly oriented to the street. subject to Fire Marshal approval, fer special desigFls strong oriented to the street. 1-47 I st paragraph continued from 1-46 - A setback ITom the front building facade of 2 1/2 feet or !~Teater is encouraged for a front garage. 3rd paragraph - "Hollywood" style driveways with a landscaped median are stron~lv encouraged ... 1-49 2nd paragraph, I st sentence - Parks should be developed throughout the village to meet the City of Chula Vista Park Land Dedication Ordinance. as well as specific population needs. 2nd paragraph, 2nd sentence - Five to ten acre neii:hborhood parks .. 3rd paragraph, last sentence - Clear pedestrian access should be provided from the greea square or plaza ... 4th paragraph, 2nd sentence - Buildings should not randomly 15" change from ... I-50 Park and Plaza/Square Design 2nd paragraph, 1st sentence - Various types of parks and ~ squares can be designed for a yillage to establish aH neighborhood identity or character fur a FleigRearaood. 3 rd paragraph - A generous amount of sunlight into the greea square or plaza is essential f-Dr pesfJle to viant to encourage the use and enjoY!lli:n1 of the facility. Park and Plaza/Square Landscaping 5th paragraph, I st sentence - Park and plaza/square landscaping should provide trees and plants that make ~... 6th paragraph 1st sentence - Because parks and plazas/squares are ... 1-5 I 4th paragraph, I st sentence - School sites and larger neighborhood parks (over 12 acres), because aftae size and impact, should generally be H: \Otay\Design\ VDP\Errata.doc ./2/96 2 7/ Page Revision located near the edge of the Village Core or within the Secondary Area because of their size and impact. 5th paragraph, add new sentence to the end of the paragraph - Pedestrian and bike routes should connect the two alon(i the shortest possible route. I-52 4th paragraph, 2nd sentence - ffif Qn wider, busier streets, the feeling of safety for pedestrians can be enhanced by tfie planting <>> trees along the curb line. 4th paragraph, 4th sentence - +fie Automobile parking of cars along the curb can help te create a safer pedestrian feeling. 4th paragraph, 6th sentence - Narrower streets also reduce energy use and materials for construction, reduce materials and reduce reflected summer heat. I-53 2nd paragraph, 3rd sentence - A series of pEromenade sStreets ... 3rd paragraph, 1st sentence - Promenade sStreets should fonn... 3rd paragraph, 2nd sentence - On street parking should be provided, WfH.te aDriveway cuts should be minimized ... I-58 1st paragraph, 3rd paragraph - Primary pedestrian routes and bikc~ lanes should be bordered... I-59 4th paragraph, 1st sentence - A coordinated system of bikeways ~ ... 1-62 I st bullet, 3rd sentence - Rather, community-serving ... 1-65 2nd paragraph, 1st sentence - Parking lots should be landscaped with trees to break up the mass oflarger lots and provide shade the lot... 1-67 2nd paragraph, 1st sentence - ..."Design Manual" which addresses these issues in a mar.ner illld...i.s applicable to new development ... 1-72 1st paragraph, 5th sentence - Signage is also more involwd elaborate because .., 2nd paragraph, I st sentence - Where access is controlled, such as agatea- guarded ... 1-73 2nd paragraph 1st sentence - Beyond providing the number of parking spaces required,... 1-80 I st paragraph, I st sentence - ...development project or parcel, while tfie more typical... 1-82 I st paragraph, I st sentence - A sSpecial intersection design considerations... 1st paragraph, 3rd sentence - All intersection:! of Promenade Streets (core and residential) with Village Entry and Core Streets. shall ... 1-84 1st paragraph, 2nd sentence - Typically, non-automobile routes parallel automobile oriented streets wffi€fllead~ trom the garage to destinations wftiffi and provideing parking lots for automobiles. 2nd paragraph, 2nd sentence - add punctuation. 2nd paragraph, 3rd sentence - ... bicycle and cart traffic through the end of the cul-de-sac ... 2nd paragraph, 4th sentence - The open cul-de-sac can provide direct H:\Otay\Design\ VDP\Errata.doc 4/2/96 3 ?~ Page Revision access to the pEromenade 55-treet. Gf Paseo. Ie ~open space, or merely ... 2nd paragraph, 5th sentence - ...both internally and as perceived from the outside through the "windows" provided created through ... 2nd paragraph, add to the end - Special desicns shall be considered which permit access even in situations were sound wall conditions are pre'ent. [-85 Add open cul-de-sac with off-set sound wall graphic [-86 In terms of vehicle parb!!!; facilities, carts can utilize automobile parLin;; spaces. Add 2nd sentence - Carts may utilize automobile parkin[; spaces. [-87 Defete pilaster from graphic. 1 st paragraph, I st sentence - The interface between uses or "edges" are j;; extremely important in creating harmony in community design. 2nd paragraph, 1st sentence - ...village development areas (see aJ.se Overall Design Plan). 2nd paragraph, 2nd sentence - These are primarily slope areas and canyons located between development parcels villa!;es. 1-90 2nd paragraph, I st sentence - Where down slope conditions to residcntial uses is ~ unavoidable ... 1-94 I st paragraph, 3rd sentence - correct punctuation at the end 3rd paragraph, 2nd sentence - Such projects should have increased ... 1-95 I st paragraph, 7th sentence - Stairwells should be integrated into the overall building design,. pErivate spaces such as patios or balconies are encouraged for each unit. :\nother design consideration is the need to ffitfreF gQroup parking areas should be buffered from the street and adjacent properties. 1-102 I st paragraph. 2nd sentence - A specific sign program will be established at the Precise Plan level for the commercial areas within the Village Core at the Precise Plan level. I st paragraph, 3rd sentence - As with signs, a theme lighting program will be utilized implemented in the commercial... 1-103 5th bullet - Compatible with the nature, character and design of the area in which they are located. and wllleh are . aAppropriate to the type of activity they are identifying. 1-104 Delete first ".." 1-107 2nd paragraph, I st sentence - ...are considered and reflected in the development plan:>. 4th paragraph, 1st sentence - ...designing and building safer communities and to create "livable communities." 1-108 Add punctuation to bullets. Last paragraph - Security guards or police provide organized strategies for surveillance and access control but are labor-intensive and can be cost prohibitive eJ(pensive. H: \Otay\Design\ VOP\Errata.doc 4/2/96 4 73 Page Revision 1-113 2nd paragraph, last sentence ...including theaters, a library ... 3rd paragraph, 2nd sentence - ...physical proximity to the lL.S.JMexicQaH international border. 1-11-+ 1st paragraph - The following guidelines apply to siting and design Qf village multi-use facilities: 1-116 Capitalize I st word on each bullet 1-117 Insert spacing between 2nd & 3rd bullet 1-118 2nd bullet - Other sites for cOHsideratisH are along major pedestrian ways such as paseos or trail head/staging areas entering Open space or major parks should be considered. 1-120 1st paragraph - This chapter specifically address~ Village Core design... 3rd paragraph, 1st sentence - Because of its importance, size and diversity of uses, coordinated and comprehensive planning for the Village Core as a whole must occur. 3rd paragraph, 3rd sentence - In order to move forward with '* the Village Design Plans ... 1-171 "'nd paragraph, 2nd sentence It alss depicts typical BHilding character, scale and proportioH, massing and materials thrsHgh conceptual eleyationG. 2nd paragraph, last sentence - or a Master Precise Plan ITom the perspective ef.fur the roti.rs; Village Core as a whole. 3rd paragraph - The fe€Hs eHHe Village Core i;;-the commercial core or mixed use area which is the heart of the village. The GDP specifies that each Village Desiii'n Plan will delineate the intended village form (i.e. main street town square) village will emulate the fOffil of either a "to....'R square" or main street. 4th paragraph, 1st sentence - Both Main Street and Town Square villaii'e forms for village cores ... 1-122 5th bullet - ... weather protection and iI sense of enclosure... 1-124 I st bullet - A... T own Square plaaipark ranging in size from 1 to 3 acres, surrounded by streets. Plaa The town square ~ area is well defined .. 2nd bullet, add to end of sentence within ( ) - tQ1JQ1 3rd bullet - ...speeds and volwnes ITonting commercial buildin~ on the square. 7th bullet - ...weather protection and iI sense of enclosure... 9th bullet - Landmark or taller building elements should 1;Je located at the comer sites, or used to identify focal points.. 1-126 I st paragraph, last sentence - Accents in color, texture or pattern changes should be used to provide interest and provide scale. 1-130 I st paragraph, 3rd sentence - ...graphics and signs are coordinated wtth each other and contribute... 4th paragraph. 1st sentence - ...developed as part of the Master Precise H:\Oray\Design\ VDP\Errata.doc 4/2/96 5 ??/ P3gC Revision Plan submittal. 4th paragraph, 2nd sentence - ...compatible and part of the commercial district architectural style for the eommercial district. 4th paragraph, 3rd sentence - Sigm associated with the identification uf IIhe community trail system and aneillary villaiie pathway signs should be designed as part of the overall streetscape yocabulary P.!.ill1 &f' fur site furnishings, lighting standards and special hardscape materials. Part Two Village One Design Plan [1-1 I st paragraph, I st sentence - ..Otay Vallcy Parcel of the Otay Raneh <;fW area-and roughly... 2nd paragraph, 1st sentence - .. between the western Ow:; Runch P~f!7 ~ Paseo Ranchero and the planned extension of La Mediu Road. 11-6 2nd paragraph, I st sentence - ..includes medium-high density residenti"l units, ana elementary school site,... 3rd paragraph, 3rd sentence - The surrounding Secondary Area includes" range of sincle family Rousing homes and parks. IIl-7 I st paragraph, 2nd sentence - The theme is consistent with the ra.nchiHg.. 2nd paragraph, last sentence - ...Iocation, landscupe and high visihility buildings to make a combined statement.. 3rd paragraph, 2nd sentence - ...commercial and civic huildings at in the Village Core... 3rd paragraph, 3rd sentence - D.th.cr ~ore and secondary residential uses would complement the theme must be less strict in its execution interpretation... 1II-8 5th bullet - Windows, entries and door should vary in size, shape and detail. 6th bullet - ...to provide second floor connections to other buildings 9y through the use of bridges. 11-9 1st bullet, 1st sentence - ...required in all buildings within an individual Core area or complex. I st bullet, 2nd sentence - These elements should be identified at the Master Precise Plan stage. 1st bullet, 3rd sentence - ...neighbors but it should address... I st bullet, 4th sentence - ...more distinctive elements: IPO 2nd sentence ...bring a sense of open space and therefore transition the character... II -=~ 3 2nd paragraph - Note: Final Eucalyptus selection subject to Fire Marshall approval. Il-24 I st paragraph - A planting zone adjacent to and incorporating ... 11-26 I st sentence - add punctuation 11-27 2nd paragraph, I st sentence - Stone markers, low walls and orderly landscape patterns provide identity... II-37 I st paragraph, last sentence - Broadleaf eyergreen and deeiduo\l" tree" are H:\Ot3y\Design\ VDP\Errata.doc 4/2/96 6 ",/,C . - Page Revision pernli tted. Add approved tree list. 11-38 The development of a non-vehicular circulation system is a key in;redient component ill Q.fthe SPA One Plan. 11-41 1 st paragraph, 5th sentence - This corridor is expected to be ~ most heavily used ... 2nd bullet - 10' wide cart path with 5' wide sidewalk (south side) (See Villaf>e Pathway) [1-42 2nd paragraph, 2nd sentence - .., wi II have integral color, a special texture and g more intricate scoring pattern. II-43 1 st sentence - ...on-street anglesd parking and pedestrian... 11-45 2nd sentence add to end (Condition A) 3rd sentence add to end (Condition B). 11-49 Missing symbol top right of page. I st paragraph, I st sentence - ...recreation facilities near residence homes in the eastern portion of the viIIage. II-50 I st paragraph, 4th sentence - ...unique character appropriate to the comffiUflity neiji:hborhood it serves. Delete CONDo B ITom graphic. [1-)4 1st paragraph, 4th sentence - ...monuments, provide en the first built images depicting the character of the :!,lyillage. 2nd paragraph, 2nd sentence - Theme walls and fences are used at exposed rear and side ~ x!!ci:; as a visual barrier. II-56 Add to graphic Optional Plexiglas Panels Revise graphic to show pilaster off-sets variation. II 57 1st paragraph, 1st sentence - The village lighting Eiesign gHiEieline concept is geared to focuses on the quality oflight along ... 1st paragraph, 4th sentence - ...be manufactured of high quality material.:; which is ~ visually pleasing. 4th paragraph, 1st sentence - Ballfield and tennis court lighting is intended for field/.J;.QJ.ll1 illumination fer srganizeEi sj'!srts to facilitate ni~ht time use of facilities II-59 1st paragraph - East Orange Avenue is a 6 lane major road through Otay Ranch located along the southern ed!!:e of Village One. 11-60 Ranch Theme Street (Paseo Ranchero, La Media} add punctuation to last line II-6l Add punctuation to end of 1st paragraph. . . II -62 I st paragraph - Village Main Streets are onaraeterizeEi by two lane roads adjacent to pedestrian oriented commercial development. Diagonal An!!:led on-street parking ... II -65 I st paragraph, 2nd sentence - Pedestrian scale, sidewalk oriented light~ is encouraged~. The lighting sROIilEi be similar to the Promenade Street lighting concept. H:\Otay\Design\ VDP\Errata. doc 4/2/96 7 ?' t:- Page Revision 11-67 I st paragraph, 3rd sentence - Certain pareels haye the There is an opportunity on certain parcels for multiple and/or mixed-use development. 2nd paragraph, 2nd sentence - Because of its importance to the overall design character of the community ... . 11-68 1st paragraph - ...within the Village Core concept will be utilized I established. i 2nd paragraph. last two sentences - :ill Gfchit2ctural ,;t',lo is also , conceptualized for the eore. The village structure lands~ape and hardscape palette ha':e also becn established, (rcatin,; the ~ontc"t '.'.itltiH which the building desig;n on each site must be forn,uJ.ate4 II-IJ'J I st paragraph, I st sentence - ...Core Master Plan, and Main Street Concept Plan are depicted in the following exhibits. I st paragraph, 2nd sentence - ...in response to changing market conditions, the need for adaptability flexibility with regard to the Concept Plan is reco[;nized as essential. I st paragraph, last sentence - ...design and should not he viewed as the only acceptable core design. 2nd paragraph, 1st sentence - ...plans will be prcpared to analyze tfle detailed specifications ...Conceptual building elevations will be provided at the Master pPrecise pPlan stage. 11-76 3rd bullet - Reserve light rail transit ROWand i! station site. 5th bullet - Utilize formal landscape and hardscape schemes in the design fuF clthe Main Street commercial area. 2nd paragraph, add a period at the end of the paragraph. lI-n 1st paragraph, 2nd sentence - The CPF-3 site is included in the~ commercial area. In applying these guidelines, it should be remembered that each of these parcels ... 11-78 Delete bullet after 3rd bullet --- 6th bullet, 2nd sentence - The Park (P-l) should be provide ... 1I- 79 5th bullet - ...should relate to the pedestrian scale~ .;m4 aArchitectural accent lighting is encouraged. 6th bullet - Illwnination of walkway/trail connections should be provided by-throu!?h the use of ... 1I-80 2nd paragraph. I st sentence - The design district relates primarily to the Park (P-I) and the CPF-I site located at eaeh opposite ends. of the Main Street ... 1I-8 ] I st paragraph, 2nd sentence - A Master Precise Plan shall be prepared concurrent with the development of the first neighborhood multi-familv or commercial area ... I st paragraph, last sentence - If necessary, the individual precise plans will provide an even greater level of sj3eeifie detail. 1I-82 3rd paragraph. 3rd sentence - Significant setbacks are provided to respect H:\Otay\Oesign\ VDP\Errata.doc 4/2/96 8 ?.....7 Page Revision natural habitat and provide tfie ability to undulate~ graded slopes. Village One is designed to provide direct vehicular, transit, pedestrian and cart linkages to Village Five directly to the east. ,\ccess t8 tfie Village Five core is simple [If!d Elirect from all ]3ortioRs of Village ORe. 'cia the Village ERtr)' Street which e1Ctcnds the lengtH of Village One and tHrough the Village Five Core. Villace One is linked to Villa~e Five via East Palomar Street and the Villace Pathway Views to the northeast and east are capitalized upon enhanced by providing the through cui Ele sac design ...:ith passive viewing areas... 11-0:3 Paragraph continued from previous page, 1st sentence - The light rail transit line is sensitively integrated into the community through its placement within a the East Palomar Street median location. 3rd paragraph - Detailed SPA level planning at the sr.'. level for the area west of Pas eo Ranchero has been deferred. When such planning is completed, it will address the transition issue. as well as aloRg with slope preservation ... 11-84 1st paragraph, 2nd sentence - OiagoHal Ancled parking is provided in front of the stores. with the majority of parking located to the rear of buildings. 3rd paragraph - Right of way for traRsit shall be reserved at tHe Sri\ level and irrevocably offered for dedication at tHe TeRtatiye Map level. LiJW1 rail transit line rights-of-way shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level. 5th paragraph - :rill: Village One ~ contains the minimum number of village core units per the GOP. 6th paragraph - A transit trolley stop and/or station shall be reserved approximately located in the village core at the SPA level and iITe':acasly offered will be conditioned for dedication at the Tentative Map level. 7th paragraph - A transit trolley 5t6fI station is identified in the f{)fm of a median statioR location adjacent to the main street commercial ~ 9th paragraph - Specific services will be subject to future marketing studies at the time of the village core implementation, however, sufficient commercial land and community purpose facility land exists to provide services to these areas outside the village. core should this be desirable. Il-85 4th paragraph - This habitat-is ~ be~ing studied HH4ef in the Phase 2 Resource Management Plan and will be till; subject te Q[future SPA level studies for the area west of Pas eo Ranchero. 6th paragraph - The natural open space character is maintained along Poggi Canyon consistent with the GOP and the concepts in the Overall Design Plan. Il-86 I st paragraph - One hundred to 700 foot setbacks are provided along the scenic corridors to assure consistency with the GOP and Overall Ranch Design Plan. H:\Otay\Design\ VDP\Errata.doc 4/2/96 9 ?2:L Page Revision 3rd paragraph - The visual analysis at key points along the Telegraph Canyon Road corridor is included in the SPA One Environmental Impact Report. 5th paragraph - ...consistent with the GDP and Overall RaBffi Design Plan. 7th paragraph - Aft Transit aAlignment s5tudy for the transit is included eH in the SPA Qm; Phm Land Use Plan. II-S7 I st paragraph, ] st sentence - This chapter provides detailed ;;uidanu guidelines for the development... 1st paragraph, 2nd sentence - Development is required to certain confonll .tQ..minimum... I st paragraph, last sentence - For eaCH planning areo.. 0. :.'Ldcsign summary checklist along with and a site design graphic for each plannin,; area is provided in this chapter. 2nd paragraph, 2nd sentence - Compliance with the adopted standards provides a design foundation... 2nd paragraph, last sentence - The applicable PC dc'..elupment ';tandard~ are summarized in the followilJg table. 11-88 1st paragraph, 1st sentence - For purposed of design guidance, each parcel within tIte SPA One ... 2nd paragraph, 2nd sentence - The PC District Regulations and these ... 11-9) 3rd paragraph, I st sentence - Identifies development edge where a smooth transition should be achieved wflere in response to a change in use or ownership OCelifS. 3rd paragraph, 2nd sentence - ...on both sides of edge, and/ofr placement... 11-94 3rd paragraph - Identifies connection points for pedestrian and/or bicycle paths to community or regional ratfls trails. 11-95 Add symbol for "Town Center" Part Three Village Five Design Plan 111- I 1st paragraph - The SPA One project area is located within the Otay Valley Parcel oftlte Otay Ranch GDP area ... 2nd paragraph, 2nd sentence - delete hyphen between light rail 4th paragraph, 1st sentence - Limited scenic views extend to Village Five tram a!eng Telegraph Canyon Road ... [11-2 2nd paragraph, 4th sentence - ...and the Telegraph Canyon SPA Estates and EastLake Greens proiects. Two reservoir sites out parcels owned by ... 3rd paragraph. I st sentence - Preserve open space arcas within the Village Five '.ill SWTOlffid residelJtial The preservation of open space alon~ Village Five's edges directs neighborhoods, public improvements and amenities, creating .in1Q..a well defined community. 111-7 I st paragraph, 2nd sentence - This theme is consistent with the ranchffig H :\Otay\Desi gn\ VDP\Errata.doc 4/2/96 10 --;/7 , . Page Revision and agrarian images described in the Overall Design Plan. 2nd paragraph, last sentence - ...high visibility buildings to make a combined statement greater than the individual elements. 3rd paragraph, 2nd sentence - ...intensive uses, commercial and civic buildings at in the Village Core,... 1[[-8 Top of page - ...complement the theme but be less strict in ifs e:~ecution interpretation... Last bullet - Windows, entries and doors should vary in size, shape and detail. !ll-<) I st bullet - ...to provide second floor connections to other buildings ey throul>h the use of bridges. 2nd bullet, 1 st sentence - Certain standardized architectural elements should be required in all buildings within an individual Core area or complex. These elements should be identified at the Master F~recise F~lan stage. 2nd bullet, 4th sentence - ...share one or more distinctive elements:... III 20 I st paragraph, 2nd sentence - ...sense of open space and therefore transition the character and setting ... III-22 2nd paragraph - Note: Final Eucalyptus selection subject to Fire MarshaU approval. III-23 1st paragraph - A planting zone adjacent to an!:! incorporating ... III-26 1 st sentence - add punctuation III-27 2nd paragraph, 1 st sentence - Stone markers, low walls and orderly landscape patterns provide identity... 1lI-34 This entry is both the Village Entry and a Ranch comer markelr ~ their !3rOJlimity. A stone monument and the extension of the street tree onto this road denotes the point of entrance as 'Nill the eJ[tensioR sf tile street three of the entry road with is a SeE8ndary Entry Street. III-38 1st paragraph, 4th sentence - This street is lined with tall palms ... III-39 I st paragraph, 4th sentence - To provide a pedestrian scale and help Rullify neutralize the presence ... Add Accent tree choices III-4! I st paragraph, last sentence - Broadleaf evergreen am! aeeiEluous trees are permitted. Add approved street tree list. III -42 The development of a non-vehicular circulation system is a key ingredient component ffl Q[ the SPA One Plan. III-45 I st paragraph, 5th sentence - This corridor is expected to be ~ most heavily used ... 2nd bullet - 10' wide cart path with 5' wide sidewalk (south side) ~ Villa~e Pathway) III -46 2nd paragraph, 2nd sentence - ... will have integral color, a special texture and 1\ more intricate scoring pattern. If :\Otay\Design\ VDP\Errata.doc 4/2/96 11 ?j/.-. ' /, L/ Page Revision III --17 I st paragraph, 1 st sentence - Village Plaza Streets te promote the urban village theme with on-street diasoRal an!;led parking... I st paragraph, 3rd sentence - The Village Plaza Street focuses Qll the urban ... I st paragraph, 4th sentence - Broad pedestrian walks are located adj~cent to diagonal angled on-street parking. 111-48 1 st paragraph, 3rd sentence - The Core Promenade contains a 6' hardscape parkway. fwith tree well ... 111-49 2nd sentence add to end (Condition A) 3rd sentence add to end (Condition B). III-54 I st paragraph, 2nd sentence - This park site has a link to the vill~ge to\\TI square ... 2nd paragraph - ...will have access to the outdoor turf areas... Add - Location' North of East Palomar Street adiacent to the Village Five School Site. III-56 1st paragraph, 2nd sentence - ...commercial functions at the edgcs o(the park. Delete ~ on graphic. III-57 Delete "COI'IO. 13" on graphic. 1II-61 I st paragraph, 3rd sentence - Perimeter walls, along with entry monuments, provide efl the first built image... 111-64 1st paragraph, 1st sentence - The village lighting design guideline concept ffi geared to focuses on the quality of light along ... 1st paragraph, 4th sentence - ...be manufactured of high quality material~ which ffi are visually pleasing. 4th paragraph, 1st sentence - Ballfield and tennis court lighting is intended for field/.J:.Qill1 illumination for organized sports to facilitate night time use of facilities. 111-66 1st paragraph - East Orange Avenue is a 6 lane major road thmugh Ota:; Randllocated alonv the southern edge ofVillal?e Five. 1lI-67 Ranch Theme Street (Paseo Ranchero, La Media) 1II-68 Add punctuation to the end of the paragraph. III -69 I st paragraph, 2nd sentence - DiagoRal Angled on-street parking... 111-72 I st paragraph, 2nd sentence - Pedestrian scale, sidewalk oriented lighting is encouraged~. The lighting should be similar to the Promenade Street lighting concept. 111-74 1st paragraph, 3rd sentence - Certain pareels haye the There is an opportunity on certain parcels for multiple and/or mixed-use development. 2nd paragraph, 2nd sentence - Because of its importance to the overall design character of the community ... 4th bullet - Implement a "Town Square"~ concept for the commercial core. H: \Otay\Design\ VDP\Errata.doc 4/2/96 12 .,L Page Revision 6th bullet ...pedestrian oriented urban design concept and wHich is consistent with the community character. III-75 I st paragraph - ... Village Core concept will be utilized established. 2nd paragraph, last two sentences - ,^.n architectural style is also conceptualized for the cere area, as illustrated iR the CORceptual Buildin; Ele-cations. The village structure landscape and Hardscape palenes haw also beeR established, creating the cente):t withiR whicH the bHilding design en each site must be fornmlated. 4th paragraph - ...Core Master Plan, and 'Town Square" Concept Plan... III-76 top of page - ...in response to changing market conditions, the need for adaptability flexibility with regard to the Concept Plan... 1st paragraph, 1st sentence - ...plans will be prepared to analyze !.fie detailed specifications... I st paragraph, 2nd sentence - Conceptual building elevations will be provided at the Master r,erecise r,elan stage. III -81 2nd bullet - Preserve light rail transit ROWand g station site. I11-82 1 st paragraph, 5th sentence - ...or angled parking are t&-ge accommodated in the frontage street. I st paragraph, 6th sentence - The character of these streets is t&-ge defined by the subordinated vehicle activity... 1II-83 1st paragraph - In general, the exterior elevations... III -87 3rd bullet, 2nd sentence - ...these sites will be somewhat less formal than the town square commercial area. The character ef iaterior areas may be less formal consistcnt ",ith 12 provids;ffig a relaxing living environment. III-88 1st paragraph. 2nd sentence - ...with the development of first neigHborhood multi-familv or commercial area within the Village Core... 1st paragraph, last sentence - ...will provide an even greater level of specific detail. III-89 last paragraph, 6th sentence - The transit line traverses the village ffi..a strect median lecation within the East Palomar Street median. I11-91 1 st paragraph - delete - The felloY/iag policies shall guide the design of parLs a,,,j open spaees ia Village Five. last paragraph - Right ef way for a Li~ht rail transit line rights-of-way shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level. III -92 2nd paragraph - A tfafisit trolley stop and/or station shall be reser,eEl approximately located at the SPA level and irrevoeasl)' offered will be conditioned for dedication at the Tentative Map level. I11-93 1 st paragraph, I st sentence - This chapter provides detailed gHidance guidelines for ... I st paragraph, 2nd sentence - Development is required to certain conform 12 minimum property ... 2nd paragraph, 2nd sentence -...by these design guidelines ffi <!ill! future H:\Otay\Design\ VDP\Errata.doc 4/2/96 13 g;? , Page Revision precise plans... 3rd paragraph, 1 st sentence - For purposes of design guidance, each parcel within tfle SPA One... 4th paragraph, 1st sentence - ...along with the PC District Regulations... III-94 last sentence - ... with the approved PC District Regulations and this Village Design Plan. lII-97 3rd paragraph, 1 st sentence - Identifies development edge where a smooth transition should be achieved wflere in response to a chan~e in use or ownership O€CHfS. 3rd paragraph. 2nd sentence - ...on both sides of edge. and/ofi: placement... III-lOa 3rd paragraph - Identifies connection points for pedestrian and/or bicycle paths to community or regional j}ffifls1!:illh. H:\Otay\Dcsign\ VDP\Errata.doc 4/2/96 14 -----~ - /-L .- -" '-' Item: XII.M Meeting Date: ADril 10, 1996 XII. PCM 95-01: SPA One ISSUE: Arc the SPA One Conditions of Approval adequate') BACKGROUND/DISCUSSION. The SPA One Conditions of Approval were presented at the March 27, 1996 Planning Commission hearing. At that meeting, certain specific conditions were highlighted and it was stated that there would be certain changes to the conditions of approval based upon the potential for multiple land owners, any EIR responses to comments and an amendment to the gated community condition. While some of the changes have been incorporated, the conditions which relate to the EIR response to comments arc in the process of being drafted and arc not available for review at this timc. APPLICANT'S PROPOSAL: The applicant is in support of reviewing the conditions in their entirety when they are available for the April 17, 1996 hearing. OTHER POSITIONS: None. STAFF RECOMMENDATION: Review the SPA One Conditions of Approval at the ne~t Plmming Commission meeting. AL TERNA TIVES: Review the conditions which have been completed to date at tonight's hearing. A TT ACHMENTS: Strike-out underline version of SPA One Conditions of Approval. pccond.doc Page I ~t:/ CONDITIONS OF APPROVAL FOR OTA Y RANCH SPA ONE I. GENERAL PROVISIONS. a) 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 tenn "Developer" shall also mean "Applicant". b) If any of the tenns, 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 tenns, the City shall have the right to revoke or modity all approvals herein granted, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. c) Applicant shall indemnifY, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the project II. ENVIRONMENTAL a) The applicant shall implement all mitigation measures identified in ErR 95-01, the Candidate CEQA Findings for this project (Exhibit ~ and the Mitigation Monitoring and Reporting Program (Exhibit ~. b) The applicant shall comply with all requirements of the Phase 2 Resource Management Plan (RMP) as approved by City Council on III. DESIGN a) The applicant shall provide a residential alley product, as such product is defined in the Village Design Plan, within Phase Two of Village Five as shown on the SPA One phasing plan and a future phase of Village One. b) The City Council may approve the construction of gated community projects within Villages One and Five if the City Council finds all of the following: a) The continuity of public trails, as indicated on the Trails Plan, will be maintained, and b) Public pedestrian, bicycle and electric cart access will be maintained within the gated project, and c) The gated project will not have an adverse effect upon public inrrastructure, and d) The gated proiect shall be reviewed in accordance with anv additional criteria adopted by the City Council. The decision to approve or deny the construction of a gated community is discretionary to the City Council. Any proposal for a gated community project shall be submitted for City Council consideration at the tentative map stage for that project '6S revised conditions 4/5/96 IV. STREET, RIGHT-OF-WAY AND IMPROVEMENTS a) Prior to the approval of the first tentative map, the Applicant shall submit for review and approval by the City's Transit Coordinator and Planning Director, a plan which shows the design and construction details of the transit stops and the completion dates for such stops. b) Residential street parkways shall be no less than six feet in width. The Applicant shall plant trees within said parkways which have been selected ITom the list of appropriate tree species described in the Village Design Plan and approved by the Directors of Planning, Parks and Recreation and Public Works The Applicant shall provide root barriers and deep watering irrigation systems for the trees. An irrigation system shall be provided ITom each individual lot to the adjacent parkway. As a condition of approval of the first tentative map, the Applicant shall be required to submit Improvement Plans for the residential street parkways for review and approval by the City Engineer, Directors of Parks and Recreation and Planning. c) The segment of the north/south vehicular road ITom Telegraph Canyon Road to the first residential street intersection within Village One (located between Buena Vista Way and Apache Drive) ("Temporary Roadway") shall be open for public use only until such time as a road ITom Village One to Orange Avenue is approved by the City Engineer to carry vehicular traffic. The Temporary Roadway shall be designed and constructed to City standards and the Otay Ranch SPA One standards. The Applicant shall be responsible, at its sole cost and expense, for the removal and restoration of the Temporary Roadway at the request of the City Engineer. Subsequent to removal of the roadway, said roadway shall be regraded and reconstructed to be consistent with the streetscape of Telegraph Canyon Road, as directed by the City Engineer. The applicant shall install signs, as directed by the City Engineer, indicating that the Temporary Roadway shall be closed once the pennanent road is opened for public use. Notice shall be provided in any residential sales disclosure documents that the Temporary Roadway will be closed to vehicular traffic when access to East Orange Avenue is provided. d) Street cross sections shall confonn to those standards contained in the SPA One Plan. All other design criteria shall confonn to the design standards contained in the document entitled Street Design Standards and the Subdivision Manual both as amended by the City ITom time to time, ("City Design Standards"). Any proposed variation from the City Design Standards which are not addressed in the SP A Plan shall be approved by the City and indicated on the appropriate tentative subdivision map. The following table indicates the relationship between the Otay Ranch SPA One roadway designations (i.e., cross sections) and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. 2 g6 revised conditions 4/5/96 COMPARISON OF OT A Y RANCH STREET CLASSIFICATIONS TO CITY STREET CLASSIFICATIONS FOR DETERMINATION OF DESIGN STANDARDS TO BE UTILIZED IN TENTATIVE MAP AND IMPROVEMENT PLAN PREP ARA TION FOR OT A Y RANCH USE DESIGN STANDARDS FOR CITY CLASSIFICATION OF STREET CLASSIFICATION OF SCENIC CORRIDOR PRIME ARTERIAL PRIME ARTERIAL PRIME ARTERIAL PRIMARY VILLAGE ENTRY CLASS I COLLECTOR SECONDARY VILLAGE ENTRY CLASS II COLLECTOR VILLAGE CORE CLASS I COLLECTOR RESIDENTIAL PROMENADE CLASS III COLLECTOR CORE PROMENADE RESIDENTIAL VILLAGE MAIN RESIDENTIAL VILLAGE PLAZA RESIDENTIAL RESIDENTIAL A and B RESIDENTIAL ALLEY ALLEY STANDARDS e) The applicant shall provide two north/south residential promenade streets, defined in the Village Design Plan, within Village One. The western most street shall be located between the R-2 and R-20 residential parcels identified on the land use map approved with SPA One and shall connect with the first residential street The eastern most street shall align with the temporary roadway which connects 3 YT7 , revised conditions 4/5/96 with Telegraph Canyon Road. Said streets shall be designed and constructed in accordance with the City Design Standards and the Otay Ranch SPA One standards for residential promenade streets. f) As directed by the Director of Planning and the City Engineer, the applicant shall construct a pedestrian bridge connecting Village One to Village Five at the vicinity of Palomar Street crossing over La Media Road. The timing of the construction of said bridge shall be determined by the City at the time of approval of the first tentative map. The applicant shall be solely responsible for the construction of said bridge. g) In addition to the pedestrian bridge described above, the Spa One Plan provides for the construction of a pedestrian bridge connecting Village One to Village Two and a pedestrian bridge connecting Village Five to Village Six. The applicant shall agree to fund half of the cost of constructing the two pedestrian bridges at the time of approval of the first final map. As a condition of approval of the first tentative map, the Applicant shall be required to enter into an agreement with the City to fund half of the cost of construction of the two pedestrian bridges and to identifY the mechanism to be used to fund said cost. h) The applicant shall provide a conceptual design of the traffic circles delineated on the SPA One Plan for review and approval by the City Engineer and Planning Director prior to approval of the first tentative map. i) 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 provided for in the future ADA regulations, City standards approved herein may be considered vested, as determined by Federal regulations, only after construction has commenced. V. GRADING AND DRAINAGE a) The applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and Clean Water Program. b) The quantity of runoff ITom the development shall be reduced to an amount equal to or less than present IOO-year frequency stonn. Retention/detention facilities will be required as approved by the Director of Public Works to reduce the quantity of runoff to an amount equal to or less than predevelopment flows. Said retention/detention facilities shall be provided by the applicant. c) The applicant shall provide drainage improvements in both Telegraph Canyon and Poggi Canyon in accordance with the Master Drainage Plan for Otay Ranch SPA One, Villages One and Five by the Director of Public Works. Said Master Plan shall be consistent with the approved SPA Plan. VI. PUBLIC UTILITIES (SEWER, WATER, RECLAIMED WATER, WATER CONSERV AnON) 4 cz?:2 . revised conditions 4/5/96 a) The Applicant shall provide water and reclaimed water improvements in accordance with the report entitled Sub Area Master Plan for Otay Ranch Villages One and Five Sectional Planning Area One ("SAMP") prepared by Montgomery-Watson dated June 1995 or as amended by the applicant and approved by Otay Water District. The SAMP shall be consistent with the SPA Plan. The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One SAMP in order for the SPA One SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map. b) The applicant shall pay fees in accordance with the City of Chula Vista ordinance or provide trunk sewer improvements to both the Telegraph Canyon and Poggi Canyon trunk sewers as indicated in the report entitled "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 15, 1995 or as amended by the applicant and approved by the Director of Public Works The SPA One Sewer Report shall be consistent with the approved SPA Plan The Applicant shall be responsible for obtaining the approval of any amendment to the SPA One Sewer Report in order for the SPA One Sewer Report to be consistent with the approved SPA Plan prior to the approval of the first final map. VII. PARKS/OPEN SPACE/WILDLIFE PRESERVATION A) General I. The SPA One project shall satisfY the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks, neighborhood parks and pedestrian parks (to the extent that pedestrian parks receive partial park credit as defined below). A minimum of two thirds (2 acres 11,000 residents) of the local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acrell,OOO residents) shall be satisfied through the payment offees. 2. All local parks shall be consistent with the SPA One PFFP and shall be installed by the applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City. 3. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 4. The applicant shall coordinate consultant selection with the City. The consultant selected for all park design shall be acceptable to the City. 5. Parks located within gated communities shall not receive park credit. 5 ~9 / rcviscd conditions 4/5,/96 6. The applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the applicant to satisfY local park requirements in future SPAs. 7. The applicant and the City shall mutually aBree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include accrued interest. 8. The applicant shall receive park credit for construction of neighborhood parks upon acceptance of the park by the City of Chula Vista B) Pedestrian Parks Pedestrian parks less than five acres, as identified in the SPA One plan, shall be maintained by a funding entity other than the City's General Fund Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to City wide small park credit criteria which shall re be approved dctermiHed by the City Council.ofCl1.ula Vista. C.) Neighborhood Parks The applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling units The applicant shall commence construction of the first neighborhood park in SPA One, in a location determined by the Parks and Recreation Director, no later than issuance of the building permit for the 500th dwelling unit. The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the City in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Parks and Recreation Director. Prior to issuance of the building pennit for the 1150th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. The location of the other neighborhood park, if any, shall be determined in conjunction with the phasing study noted below. 6 2 rcvised conditions 4.5 9fi At no time after issuance of building permits for the 500th dwelling unit shall there be a deficit in constructed neighborhood park acreage based upon 2 acres/1 ,000 residents The applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The 1. 7 acre Town Square in Village Five shall receive 100% neighborhood park credit if constructed consistent with the criteria contained in the General Development Plan and if improvements constructed within the Town Square receive the approval of the Director of Parks and Recreation. The 7.3 acre neighborhood park (P-2) currently indicated in Village One south of Palomar Street on the SPA plan shall be relocated easterly within Neighborhood R-12. The applicant shall receive reimbursement of PAD fees should they deliver a turn-key facility to the City in accordance with the Parks Master Plan D.) Communitv Parks The applicant shall pay PAD fees for the Community Park based upon a formula of I acre per 1,000 residents, until such time as a turn-key facility has been accepted by the City. Said turn- key facility is subject to the reimbursement mechanism set forth below. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in Village 2 as identified in the GDP. The applicant shall identifY the relocation, if any, of the Village 2 Otay Ranch Community Park prior to issuance of the building permit for the 1, 150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. The applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include. but not be limited to. improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. The applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan The Community Park shall be ready for acceptance by the City for maintenance prior to issuance of the building pennit issuance for the 3,900th dwelling unit If the City determines that it is not feasible for the applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for 7 v/ rcviscd eonditions 4/5/96 the 2.650th unit. at tl1.is time, then the City shall have the option to utilize the PAD fees for said improvements, or to construct another park or facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as set forth in the GDP. The fimt fJl1.ase of construction shall include, but not be limited to, improvements such as a grades site witl1. utilities fJrovised to the property line and an all weather aeeess road aeeeptable to the Fire DefJartment. The applicant shall provide a maintenance period in accordance with the City of Chula Vista Landscape Manual. The applicant shall receive reimbursement of PAD fees should they deliver a turn-key facility to the City in accordance with the Parks Master Plan. E.) Trails The first tentative map shall not be approved until the SPA One Open Space Master Plan is approved by the Director of Parks and Recreation The Open Space Master Plan shall address final recreational trail alignments and phasing. All trails shall connect to adjoining existing trails in neighboring development projects to the extent feasible, as feasible is determined by the Director of Parks and Recreation. F.) Community Gardens Community gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. Water lines shall be stubbed from the nearest water main to the site( s) in order to facilitate development of the Community Gardens. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Home Owner's Association or other funding mechanism approved by the City. Community Gardens shall not receive park credit. 3.) Open Space The applicant shall prepare a study to determine the feasibility of establishing a master open space district under the 1972 Lighting and Landscape Act for the Otay Valley Parcel of Otay Ranch. Said feasibility study shall be approved by the Directors of Parks and Recreation and Public Works prior to approval the first tentative map. If applicable, an Open Space District shall be formed prior to approval of the first final map. vrn. AGREEMENTS/FINANCIAL 8 ,9~ rcvised conditions 4,/5/96 a) The applicant 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 applicant shall install said improvements when directed by the City. The applicant shall enter into an agreement with the City to fund these facilities. The requirement for said agreement will be made a condition of the first tentative map. b) The applicant shall enter into an agreement with the City of Chula Vista, prior to approval of the first tentative map regarding the provision of affordable housing. Such agreement shall be in accordance with the Chula Vista Housing Element, the Ranch Wide Affordable Housing Plan and the SP A One Affordable Housing Plan. c) No final maps may be recorded within SPA One 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. d) The applicant shall participate financially in proportion to other developers in a collaborative study analyzing local park needs for the area east of the 1-805 Freeway prior to approval of the first final map. e) The applicant shall prepare a design study to determine the feasibility of providing grade separated intersections for East Orange Avenue at Paseo Ranchero and Telegraph Canyon Road at Otay Lakes Road. Said study shall be approved by the City Engineer prior to approval of any tentative map for SPA One. f) The applicant shall enter into an agreement with the City of Chula Vista 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) prior to approval of the first final map within SPA One. g) The applicant shall be required to 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 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 fonned to finance correctional facilities. h.) In order to satisfY their fair -share contribution for financing the light rail transit system, the applicant shall complete the following: 1.) dedicate to the City the Light Rail Transit (LRT) right-of- way on the final map containing said right-of-way, as indicated on the approved tentative map; 2.) rough grade said LRT alignment; and 3.) 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 LRT. 9 ;/3 revised eonditions 4/5/96 i) A reserve fund program shall be established in accordance with the Otay Ranch General Development Plan which requires that a reserve funding program be established concurrent with the approval of the first SPAThe Applicant understands that the City and County are in the process of negotiating a Master Property Tax Agreement regarding portions of the Otay Ranch which may have an impact on the reserve funding program Applicant understands and af,>Tees that further details of the reserve funding prof,>Tam shall therefore be established by the City in conjunction with final approval of the Property Tax Agreement In accordance with the Otay Ranch General Development Plan requirements, the applicant shall fund the annual fiscal reviews, conducted by the City or under the City's supervision, to evaluate the fiscal impact of the project. As part of the annual review, the assumptions and inputs used in the Fiscal Impact for New Development (FIND) Model shall be evaluated, including land use types, density and timing, factors affecting cost and revenue estimates, allocation of local, regional, state and federal funds, and any other factors deemed relevant by the City Manager. The annual fiscal review will determine the need for transfers from the applicant reserve fund to the City in order to assure that the GDP policies are fulfilled, particularly that all City services provided to the incorporated portion of Otay Ranch, including direct and indirect costs, and including capital and operating costs, shall be covered by project revenues and project exactions Prior to the approval of the first tentative map the applicant shall fund the Reserve Fund in an amount determined by the City> or at the election of the City, agree to fund the Reserve Fund, to offset any annual operating deficit incurred by the City that is not covered by the Property Tax Agreement in order to assure that the GDP/SRP policies, as described above, are fulfilled. IX. SCHOOLS a) The applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students). 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. b) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). 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. c) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all to fc/ reviscd conditions 4/5/96 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 d) The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1350 students). 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. X. MISCELLANEOUS a) The applicant may file a master final map which provides for the sale of super block lots corresponding to the units and phasing or combination of units and phasing thereof: If said super block lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot which will be further subdivided. All super block lots created shall have access to a dedicated public street The applicant shall post bonds to secure the installation of improvements in the amounts determined by the City Engineer prior to approval of a master final map. Said master final map shall not be considered the first final map as indicated in other conditions of approval unless said map contains single or condominium multiple family lots shown on a tentative map. b) The applicant shall comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate depaltment head, with the approval of the City Manager. c) Approval of the Otay Ranch SPA One does not constitute approval of the final lot configuration, grading and street design shown within the SPA Plan. d) The applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. e) The applicant shall fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee and approved by the City Council prior to approval of the first final map within SPA One. Said requirement shall be made a condition of approval ofthe first tentative map. The applicant shall receive 100% credit towards future PFDJF for funding this update. 11 yS- revised conditions 4/5/')6 f) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the applicant shall fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. g) The applicant shall include maintenance of Telet,'faph Canyon channel east of Pas eo Ladera in any open space district fanned for SPA One on a fair share basis This includes but is not limited to costs of maintenance and all costs to comply with the Department of Fish and Game and the Corps of Engineers pennit requirements. XI. PHASING a) Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch GDP, the applicant 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. b) The applicant 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 SPA One. The City has allowed the early phases of the project to consist almost exclusively of single family detached neighborhoods due to current market conditions. However the applicant understands that it is the City's intent to require the applicant to focus development on only one of the SPA One village cores in order to increase the viability of the core and to fulfill the objectives of the Otay Ranch General Development Plan. In order to facilitate this objective, the applicant shall prepare a project phasing update to determine which of the two villages the applicant will concentrate development in. The phasing study shall provide for the following: I) access to the high school site, community park site and neighborhood park which is economically and physically feasible; 2) establishment of a residential phasing program to complement the east-west access selection (East Palomar Street or East Orange Avenue); 3) identifY the village that will be the focus of accelerated development; 4.) consideration of market conditions, product absorption and location of appropriate product to meet demand, 5) limitation of public services in the village which is not the focus of accelerated development and, 6) provision for affordable housing opportunities as identified in the approved Affordable Housing Plan. The study shall be undertaken prior to issuance of the 1150th building pennit and shall be approved by the Planning Director and City Engineer prior to the issuance of the 1,401 st building permit. As a condition of approval of the first tentative map, the Applicant shall enter into an agreement with the City in which the applicant agrees to implement the results of said study as determined by the City Council. If the applicant fails to implement the results ofthe study as directed by City Council, the City 12 9/ , ,(:::: rcviscd eonditions 4/5/96 Council may take such actions as it deems necessary, including but not limited to withholding building pennits c) Phasing approved within the SPA Plan may be amended subject to approval by the Planning Director and the City Engineer. d) The Public Facilities Finance Plan shall be adhered to with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision XII. CODE REQUIREMENTS a) 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 ofChula Vista Subdivision Ordinance and Subdivision ManuaL b) The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual c) The applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ITom 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). d) The applicant shall pay reimbursement associated with undergrounding of utilities in accordance with the City ofChula Vista Resolution 17516 dated June 7, 1994. e) The applicant shall comply with City Council Policy 570-03 adopted by Resolution 17491 if pump stations for sewer purposes are proposed. f) The applicant shall enter into an agreement with the City, prior to approval of a final map for any phase or unit, whereby: 1) The applicant agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: a. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan in effect at the time of final map approval have been reached. b. Traffic volumes, level of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. 13 f;7 revised conditions 4/5,'96 2) 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 SPA One if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Prob'fam have not been completed 14 ,9~ Item XII.:-J I Meeting Date April 10. 1996 XII. PUBLIC HEARING PCM 95-01: SPA One ISSUE: Should the Joint Exercise of Powers Agrccment (JEPA) establishing the City and County as the Preser\e Omler Manager (PaM), be adopted? BACKGROUND/DISCUSSION: Thc Otay Ranch Gcneral Development Plan requires that portions of the Phase 2 Rcsource Management Plan be jointly approved by San Diego County and the City of Chula Vista Prior to approval of the first SPA, the GDP requires the identification ofa paM. At its March 6, 1996 meeting. the County Board of Supervisors approved the County and the City of Chula Vista to act as the Preserve Owner/Manager for a period of five years. At that meeting, they also approved an accompanying Joint Exercise of Powers Agreement (JEPA). At the end of the fivc-year period, the managemcnt of the paM will be reevaluated APPLICANT'S PROPOSAL: The applicant is in support of the JEPA, which cstablishes that the City and County will act as the paM for a period of five years. OTHER POSITIONS: The Chula Vista Rcsource Conservation Commission (RCC) has expressed a desire that a third party, independent of the City and County,be idcntified within the next 3 years to act as the paM. STAFF RECOMMENDATION: Approve the JEPA which designates the City and County and their respective responsibilities to act as the paM for a pcriod of five years. AL TERNA TIVES: Approve the JEP A and any independcnt party for some altcmate period of time. RELATED ISSUES: See Item XII.N2 (In lieu fee process) and XII.N3 (Timing of conveyance). A TT ACHMENTS: Joint Exercise of Powers Agreement pcnnp I .doc Page 1 ;19 ATTACHMENT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE PLANNING, OPERATION AND MAINTENANCE OF THE OTAY RANCH OPEN SPACE PRESERVE THIS. {>GREEMENT is made and entered into as of the 0.+J/ day of ~filq~ , 1996 between the City of Chula Vista and the County of San Diego, political subdivisions of the State of California, hereinafter referred to collectively as Public Agencies. WHEREAS, on October 28, 1993, the Chula vista city Council and the San Diego County Board of Supervisors jointly approved the otay Ranch General Development Plan, (General Development Plan/Subregional Plan ("GDP/SRP"), which sets forth a plan for the development of housing, commercial, recreational and open space within the jurisdiction of the Public Agencies; and WHEREAS, the GDP/SRP delineates an approximately 11,375 acre area as the otay Ranch Open Space Preserve, shown on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the GDP/SRP provides that prior to the approval of the first City of Chula vista sectional Planning Area or county Specific Plan Area, ("SPA/Specific Plan") a Preserve Owner /Manager ("POM") for the otay Ranch Open Space Preserve must be selected and retained; and WHEREAS, the POM will be responsible for management of resources, restoration of habitat and enforcement of open space restrictions for the otay Ranch Open Space Preserve once the Preserve is formally established and title to the land conveyed; and WHEREAS, the Public Agencies, each of which are empowered by law to acquire land for park and open space purposes desire to enter into this Joint Powers Agreement to plan, design and operate the Otay Ranch Open Space Preserve in order to qualify as a POM and to satisfy the conditions of the GDP/SRP. NOW, THEREFORE, the Public Agencies, in consideration of the mutual benefits, promises and agreements set forth herein, agree as follows: SECTION 1. Purpose. This Agreement is made pursuant to the provisions of Article /cc 000016 JAN 24% 1, Chapter 5, Division 7, Title 1 of the Government Code of the state of California commencing with section 6500, relating to joint powers common to public agencies. The Public Agencies possess the powers referred to in the above recitals. The purpose of this Agreement is to exercise such powers jointly by coordinating the planning, design and operation of the Otay Ranch Open Space Preserve. SECTION 2. Term. This Agreement shall become effective as of the date first written above and will continue in full force and effect for 30 years from the effective date or until terminated as indicated in SECTION 9. Aqencv Withdrawal or SECTION 10. Termination. The parties will review this Agreement every five (5) years. This Agreement may be extended for an additional 30 years by the written consent of the parties. SECTION 3. Description. The real property to be planned, designed and operated is located generally within the property depicted on Exhibit A. The property is currently in various ownerships. As tentative maps within each SPA/Specific Plan for the Otay Ranch development project are processed, land will be conveyed into the preserve according to the Conveyance Plan, attached as Exhibit B hereto. SECTION 4. Ownership. Title to the land which is conveyed into the Open Space Preserve will be held jointly by the Public Agencies. SECTION 5. policv Committee. A Policy Committee shall be established, consisting of two (2) elected representatives, one each appointed by the governing bodies of the Public Agencies. An alternate may also be appointed by each of the Public Agencies. A quorum for the purpose of conducting business will consist of one member from each agency. In the absence of a quorum, a member may move to adjourn. The Policy committee shall at a minimum meet annually, but may meet more often if agreed to by the members. The duties of the Policy Committee shall be to establish policies for the Preserve Management Team as set forth in SECTION 6 below, and to review all operations conducted under this Joint Powers Agreement. SECTION 6. Preserve Manaqement Team. The Preserve Management Team consists of the city Manager of the city of Chula Vista and the Deputy Chief Administrative Officer of the County of San Diego. The Preserve Management Team shall meet as often as necessary to monitor the implementation of the Otay Ranch Open Space Preserve Resource Management Plan and 000017 JAN24%0/ to assign staff necessary to carry out the duties and responsibilities set forth in Exhibit C hereto, "Duties and Responsibilities of the Otay Ranch Preserve owner/Manager(s)". SECTION 7. Preserve Owner/Manaqer Staff Committee. The Preserve Owner/Manager Staff Committee will consist of appropriate staff members from each Public Agency to be assigned by each agency on an as needed basis. The Preserve Owner/Manager Staff Committee will be responsible for operations of the Otay Ranch Open Space Preserve as directed by the Policy Committee, and its organization and functions shall be established to conform with Exhibit D, City of Chula Vista and San Diego County Preserve Owner Manager organization Chart, attached hereto and incorporated herein by reference. SECTION 8. Administration. Day-to-day administration of this Agreement, including preparation of assessment districts, operational funding, preparation of budgets, agendas, maintenance of records, minutes and meetings and conformance to other legally required processes pertaining to records, purchases, and administrative matters shall be the responsibility of the County of San Diego. SECTION 9. Aqencv withdrawal. Either party may withdraw from participation in this Agreement upon sixty (60) days notification and consent, in writing, by the other party. Such consent shall not be unreasonably withheld. Lack of adequate funding for the Preserve maintenance and operation shall constitute reasonable grounds to withhold consent. Any contributions made by the withdrawing party toward the acquisition, development, management and preservation of the Otay Ranch Open Space Preserve shall be retained by the remaining agency. The remaining public agency shall continue to be responsible for administering the duties and responsibilities of POM. SECTION 10. Termination. This Joint Powers Agreement may be terminated upon the mutual agreement of the Public Agencies if a new Preserve Manager, acceptable to both parties, has been retained to perform the duties and responsibilities required of the POM. SECTION 11. Governinq Law. This Agreement shall be governed by the laws of the State of California. SECTION 12. Partial Invaliditv. If any provision of this Agreement is held to be invalid or 000018 J~NZ4%/C2 unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. SECTION 13. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which when so executed shall be deemed to be an original but all together shall constitute one and the same Agreement. SECTION 14. Notice. Any notices required or permitted to be given pursuant to this Agreement may be personally delivered or sent by certified mail, return receipt requested, to the following address: CITY OF CHULA VISTA: COUNTY OF SAN DIEGO: John Goss city Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Phone: (619) 691-5031 SECTION 15. David Janssen Chief Administrative Officer County of San Diego 1600 Pacific Coast Highway San Diego, CA 92101 Phone: (619) 531-5267 Entire Aqreement. This Agreement contains the entire Agreement among the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers, as of the date first above written. CITY OF CHULA VISTA: COUNTY OF SAN DIEGO: \'~ J. p~J- Clerk of the Board of Supervisors City Clerk Ap~roved and/or authorized by the BO?Jrd of :,upervlsors ot the County Of San CIEQ0 Date ':1 -Co - 'i '" Minute Or{Jer No b THOMAS J PASTUSZKA - ~~erk~~~rs legality: Deputy Clerk ('!IJLdLJ~ r J4l, 3~~ County Counsel Approved as to form and City Attorney 000019 JANZ4% /c3 <0 G ~ ~ :: ~" Q: < Z - ~ >- ~ . i -< "g _ a.. ~ , ;;; ~ :; g .. ~ ! e ~ ~ 8 ;: 6 ii]~~~ g a.. . 'i ~ c:,,~(j. 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E .. ~ oS! c 1&1 - - . c- :5 e E Z"-... - .. c-="ti c c e.~< o E 'E u E c u . .. ~a: ~ " . :E c .g . ~ u E "" t'- ~ :;;:~ >..2.., '" 21' of ~= . c "- "- E '8 0 . ~ ~ u ... . ." ~< " . .z:; "- ::: ~ .. ~ .. ~ c .!: ;; u = '0 1&1 000022 JAN Z 49 b /t: 5 0000;)1 FEB 21 % ( r ?ZYn EXhibit "Cn Duties and Responsibilities of the Otay Ranch Preserve Owner/Manager{s) CITY OF CHULA VISTA RESPONSIBILITIES Education and Research Development of educational and research facilities and interpretive programs. Implementation and/or coordination and accommodation of- research programs. Provision of controlled opportunities, consistent with resource protection needs. for the public to learn about and appreciate the natural and cultural diversity of the area including: . its biological diversity and cultural heritage; . the inter-relationships between sensitive species and natural habitats; . the opportunity to observe biological and cultural resources in their natural setting; and . the importance of preservation of natural areas and understanding challenges to the survival of remaining natural ecosystems. Provide a unique and multi-faceted living laboratory for research related to: . habitat, paleontological and cultural resource protection and management; . experimental approaches to enhancing and restoring degraded habitats; and . understanding species and habitat needs and conditions that adversely affect sensitive plant and animal species. Institutions such as the City of Chula Vista Nature Center and the Natural History Museum are non-profit agencies providing such services. Active and Passive Recreational Programs Development of plans and programs for the location and design of active recreational uses, overlooks -and a passive trail network within the Preserve. Coordination with the Otay Valley Regional Park JEPA, or subsequent park pl"nning entity, regarding issues associated with Otay Valley Regional Park. Law Enforcement Enforcement activities as necessary to control and protect the resources of the preserve within the incorporated area of the City of Chula Vista's portion of the "Otay Ranch Open Space Preserve". Development of a law enforcement program that will protect the visitor from the environment, protect the environment from the visitor and protect the visitor from other visitors. Create a uniform code of regulations for all cooperating agencies and an annual review 'by law enforcement and resource agencies of their appropriate roles. JErA-roM2.IXJCIji Print..:i: HV1<v.)5 000023 J~7'l"i4 9 6. /c:: (; ooon:;;: F~FJ 21 q!: ( ,'-' - - SAN DIEGO COUNTY RESPONSIBILITIES Law Enforcement Enforcement activities as necessary to control and protect the resources of the preserve within the unincorporated portion of the County portion of the aOtay Ranch Open Space Preserve". Development of a law enforcement program that will protect the visitor from the environment, protect the environment from the visitor and protect the visitor from other visitors. Create. a uniform code of regulations for all cooperating agencies and an annual review by law enforcement and resource agencies of their appropriate roles. Maintenance Operations Maintenance and enhancement of all resources through the prevention of further disturbance, including controlling access to the Preserve, prohibiting off-road traffic, enforcing "no trespassing" roles and curtailing activities that degrade resources, such as grazing, shooting and illegal dumping. Implementation of maintenance activities including removal of trash, litter and other debris, maintenance of trail systems, removal and control of exotic plant species (weeds) and control of cowbirds through trapping' efforts. Develop a plan for the controlled burning, erosion control and replanting to enhance the natural and scenic values of the preserve. Preparation of a grazing, crop production, integrated pest, insect and disease management control or other appropriate uses if they do not result in conditions that are adverse to eventual recreational or agricultural uses. Development of a restrictive area plan which prohibits public access to sensitive wetlands, vernal pools, restoration areas and sensitive wildlife habitat. . Resource Protection and Management Providing large, connected natural areas with varied habitats that offer refuge, food and shelter to multiple species of native plants and animals; protecting scenic, paleontological and cultural resources; and providing management tools to assure that Preserve resources are not adversely affected by urban developmenj; located adj acent to the Preserve. Monitoring Ensuring no reduction in habitat values and no adverse impacts to biological resources are included within the Preserve by the following: . Monitoring the resources to identify changes in the quality and quantity of sensitive resources and habitats to assure compliance with the adopted Mitigation Monitoring Reporting Program. . Implementation and monitoring of restoration activities, as appropriate. . Establishing a comprehensive monitoring program for the biota of the Preserve in conjunction with the Phase II RMP. JErA-I"OMLDOCIii Printed.: 1<V1<:v.:r5 Pa~e 9 /t: /' 000024 J~N 24% . n'I(ln:j""1 Fcq"1G~ r r- . Developing and implementing an annual monitoring program designed to identify changes in quality and quantity of on-site biological resources including sensitive wildlife species. sensitive plant species and sensitive habitat types. JOINT RESPONSIBILITIES OF THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY - Maintain the management plan for preservation that facilitates effective, long- term management of the Preserve consistent with the goals of the Phase I and II Resource Management Plan and the .Otay Ranch Open Space Preserve". Develop a Preserve Area Handbook which contains policies and procedures in managing and evaluating the activities of the Preserve. The handbook should include the purpose of the preserve, areas within the preserve including maps, trails etc., the preserve area organizational structure, park system hierarchy, land anm;n;~ation, Imancing, resource anrn;n;"tration, facilities, public relations, etc. Develop a IlI"e prevention program to protect human life, prevent modification of park ecosystem by human-caused wildIlI"e and prevent damage to cultural resources or physical facilities. Coordinate with the appropriate agencies involved with the Multiple Species Conservation Program (MSCP), or other adopted subregional habitat pl~nn;ng programs, 'to assure consistency with regional conservation efforts and plans. Regional preserve management agreements may be used to ensure working relationships are established between other open space preserves. Coordination with local jurisdictions, resource agencies and adjacent ownerships. Implement the Phase I and II Resource Management Plans. Review proposed preserve boundary adjustments, infrastructure plans. Comment on plans for land. uses adjacent to the Preserve and other activitieftstudies. - Formulate performance standards for the City of Chula VISta and the County of San Diego, in their respective areas of responsibilities, to ensure that the .Otay Ranch Open Space Preserve" achieves the goals and' objectives of the Preserve. JEPA.('OM2..[)()Qtj 10 rrinLed: 1W1G?5 Page / c:r;;f 000025 JaNz496 OUOO:34 FE8 21 % ATIACHMENT D Otay Ranch Phase 2 Resource Manaoement Plan II Preserve Manaoemen( Conveyance. Fundinq Preserve Land Conveyed - Forecasted by ViIlabe A B C I D E A-{B+C) D'Lll8 Area Total LDA Common Total -(LDA + Conv~Ya.Dce Common) Village I 904 0 29 ~74 : .039 Village 2 775 0 48 727 864 Vill.'{e 3 318 0 5 314 373 Vill...ge 4 607 0 13 594 705 Village D 493 0 :l6 467 555 Village 6 365 0 23 342 407 Village 7 412 0 94 318 3-- " Village 8 343 0 19 324 385 Vi11a~e 9 364 0 20 344 409 Village 10 33~ 0 68 266 316 Village 11 455 0 70 385 ~58 PAI2EUC 439 0 49 391 464 Village 13 (Reson) 783 0 14 770 914 Viiu&ge 14 (Proctor Valley) 829 0 21 808 960 Village 16 (San Y.idro West) 800 0 13 787 934 Village 16 (Jamul) 1.117 370 2 744 884 Village 17 (San Ysidro East) 1.611 795 2 815 968 Planning Area 18_ 216 0 0 216 256 PlaUL.lng Area l8b 70 0 0 70 83 Planning Area 19 20 0 0 20 24 SR 125 182 0 182 0 0 Public 20 0 20 0 0 Arterials 69 0 69 0 0 TOTAlS 11.624 1.165 786 9.r-", 11.374 000029 J~N 249 b /C. rl Page 54 .. . COUNTY OF SAN DIEGO BOARD OF SUPERVISORS WEDNESDA Y, MARCH 6, 1996 MINUTE ORDER NO.6 SUB.JECT: Otay Ranch Open Space Preserve--Owner Manager Joint Exercise of Powers Agreement Between County of San Diego and City ofChula Vista, Preserve Financing Plan, Open Space Conveyance Plan, and Overall Otay Ranch Design Plan (Carryover Item from 2/21/96, Agenda No.3) (Supv. Dist: 1,2 ) ISS UE/REFERENCE: On February 21, 1996 (3), the Board of Supervisors continued the matter to March 6, 1996; directed County Counsel to advise the Board prior to March 6, 1996, on the legal issues pertaining to this issue; directed the Chief Administrative Officer to meet with all interested parties and property owners (in the same room, at the same time) to find an acceptable conveyance plan that works; and directed the Chief Administrative Officer to review the documents presented at the meeting, including the document questioning the consistency of the proposed Resource Management Plan, with the adopted General Development Plan and the original Resource Management Plan, and be prepared to report at the March 6, 1996, meeting. On January 24, 1996 (4), your Board continued this item to February 21, 1996. Should the County enter into a Joint Exercise of Powers Agreement (JEPA) with the City ofChula Vista for the ownership and management of the Otay Ranch Preserve, approve the Preserve Financing Plan, approve the Open Space Conveyance Plan, and approve the Otay Ranch Overall Design Plan? FISCAL IMPACT: There will be no fiscal impact as a result of executing the JEP A for ownership and management of the Otay Ranch Preserve. Preserve costs are the obligation of the current and future developers.and owners of Otay Ranch properties. Perfonnance of operations, maintenance and monitoring tasks are the responsibility of the Preserve Owner/Manager (pOM). POM expenses will be funded by revenue frorn a Habitat Maintenance Assessment District to be formed for the SPA 1 development and future developments and by a direct contribution by the SPA 1 developer. - Since actual conveyance ofland is not anticipated for at least three years, any current staff participation will be provided through existing budgeted resources. Additional staffing requirements will be determined as development and conveyance occurs in Otay Ranch and will be funded by revenue from the District. //c; Costs associated with formation of the Habitat Maintenance Asscssmcnt District arc unknown at this time Costs associated with fonning the District will be reimburscd from District revenue. In the cvcnt that formation of the District is not accomplished, the County will bcar the cost associated \\ith forming thc District. Exact costs are unknown but are estimated at S 1 0,000/$30,000 The source or funding will be the General Fund. If the District is not fonncd anothcr source of funding for the County's management responsibility with the lEPA must be found The Board does have the abilit\. to withdraw from the lEPA if necessary. There will be no direct or indirect costs to the County for adoption of the Otay Ranch Overall Design Plan. RECOMMENDA nON CIIIEF ADMINISTRATIVE OFFICER: I. Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which wcre not considered in the previously certified Environmental Impact Report (EIR), dated Dccember 1992, and that no new infonnation of substantial importance has become available since said EIR was prepared; and rcview and reconsider the infonnation contained therein. 2. Approve and authorize the Clerk of the Board of Supervisors to cxecute the lEP A bctween thc County of San Diego and the City ofChula Vista for the owncrship and management of the Otay Ranch Preserve (Attachment A of the January 24, 1996 Report, attached as Exhibit I) 3. Select and appoint one member and an alternate from the Board of Supervisors to serve on the JEP A Policy Committee. 4. Authorize the Director of Parks and Recreation to serve as Administrator to the lEPA. 5. Approve the Otay Ranch Preserve Financing Plan and direct the Chief Administrative Officer to take all required actions pursuant to Fish and Game Code Chapter 1 I, Section 2900 et seq., Habitat Maintenance Districts, to establish a Habitat Maintenance Assessment District pursuant to Government Code Sections 50060 - 50070 for the purpose of financing the maintenance of the . Otay Ranch Preserve. 6. Approve the Conveyance Open Space Plan (as amended by Exhibit 2) for the Otay Ranch Open S pace Preserve. 7. Approve the March 14, 1995 Otay Ranch Overall Design Plan (Attachment D of the January 24, 1996 report attached as Exhibit I). 8. Direct staff to continue to work with the City ofChula Vista and affected property owners to refine the Conveyance Plan and Preserve Financing Plan to reflect change in ownership and other factors. // // ACTION: Commending and thanking the various parties for their involvement and participation in this proposal, ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, appointing Supervisor Cox as member and Supervisor Jacob as alternate member to represent the Board on the JEP A Policy Committee, including the use of the developable acreage methodology for detennining conveyance with the following additions: Direct the Chief Administrative Officer to work with the City ofChula Vista to investigate, and if feasible, develop an in-lieu fee program to be included in the RMP II as an exaction alternative to conveyance ofland. Amend the Conveyance Plan to require the actual conveyance of open space in title free and clear of all encumbrances to the Preserve Owner Manager (pOM) as a condition of the first and each subsequent final map. Said Final Map shall also be subject to a condition that the subdivider shall execute a maintenance agreement with POM to the satisfaction of the jurisdiction approving the subdivision map, stating that is the legal and financial responsibility for the subdivider to maintain the conveyance parcel in its current and natural state until an agreed upon point, at which time there will be sufficient revenue from the Habitat Maintenance Assessment District for the POM to maintain conveyance lands. The actual amount of conveyed land for each final map shall equal the amount necessary to mitigate the entitlement received in the final map, consistent with the conveyance methodology as recommended to the Conveyance Plan. Approve the Conveyance Plan solely for the processing and conveyance of preserve lands associated with SPA I; no other village or SPA can be approved until the Conveyance Plan is amended by the County of San Diego and City ofChula Vista to provide criteria for assuring that the conveyed open space shall be in contiguous, biologically viable, and economically feasible (for management purposes) configurations; and directed the Chief Administrative Officer to come back with amendments to the Conveyance Plan that address the issues raised by the Board members. AYES: Cox, Jacob, Slater, Roberts, Horn 112-- State of California) County of San Dicgo )ss I hcrcby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Board of Supervisors. ARLINE S HUL TSCH Assistant Clerk of the Board of Supervisors -~--"'''''''''''''''''' ~ I' SUP E 11 -, ~- () VI"~ /0'0/ 6 " ~.'~'c~ {. ,...... ~ ~ '. /...., ~, ~, fO''-~'~' ~J;y:;.[(.'r:<'\: )'. '. QJ :"'. ~\-.. \ \-,;,1$, "'..' _ p-, ff.:,,/,\,. .' r ~~~:-.. O\\'rITT a..' . .,,-. t:~ ......,......-..~c. ,)'-'" l/-. r -.: ","~,.~\("~(. l 1~.r..JOI,,~...,. : ( /~-j~~ 0]~f-'; . i''\ " ~cP (/ !'.\~\ - '. " .. f.Y x ~ 4!f1'i"_~=""-' - \~ () ~'?C'''''ej<~J\I';f!'',.;i?d~{'J';- ,"' / '-. X--}., :r.A~i~l!r;;tf/~' , .... ",' ~-~ -;e..,,:;, k". ,.'.' ,t' ..~ Uo ,i..l~. 't:;/Gf'fl~ "~, Co U N 1'1 4~ "~--.,~.:,<;..,'Q.---..... "-BaT~ By t1.crV--o ;.../ . Maritza C. teele, DJputy v - ,.,.... I" , :-:t 1/3 Item XILN2 Meeting Date April 10, 1996 XII. PUBLIC HEARING PCM 95-01: SPA One ISSUE: Should an in lieu fce process be addcd to the Phase 2 Resource Management Plan? BACKGROUND: The Otay Ranch General Development Plan requires that the Phase 2 Rcsourcc Management Plan be jointly approved by San Diego County and the City of Chula Vista. Prior to approval of the first SPA, the County must specifically approve the Conveyance Plan, the Preserve 0\\11er/Manager sclcction and thc Preserye Financing Plan. DISCUSSION: The need for an in-lieu fee as an altemativc to a land-bascd conveyance plan was discussed at the March 5, 1996 Board of Supervisors meeting. It was notcd that the majority of property owners had adequate mitigation land to convey to the preserve, while others did not. The lack of conveyance land could place an undue burden upon any propcrty owner, and/or any future owncrs in a similar situation. While the actual amount of the in lieu fee has not yet been dctennined, thc language providing for establishment of the fee has been added to the Phase 2 RMP as noted on the attached crrata sheet. Thc County Board of Supervisors modified the Phase 2 RMP on March 5, 1996 by adding language which would cstablish an in-lieu fce as an altcmative to a land-based conveyance program In addition to this concern, the Planning Commission, at thcir hcarjng of March 27, 1996, requestcd that language be added to the Phase 2 RMP which would require an agrecment between the City and the applicant allowing the Preserve Owner/ Managcr (POM) to purchase mitigation land at an amount equal to the in-lieu fec established. Staff is continuing to conduct research on these matters. APPLICANT'S PROPOSAL: The applicant is in support of establishing an in lieu fee proess. OTHER POSITIONS: West Coast Land Fund is in support of establishing an in lieu fee process. STAFF RECOMMENDATION: Continue this item until the next Planning Commission meeting. RELA TED ISSUES: See Items XII.N I (JEP A), XII.N3 (Timing of conveyance). pcnnp2.doc Page 1 //U Item: XII.N3 Meeting Date: April 10. 19% XII. PCM 95-01: SPA One ISSUE: Should land be conveyed to the Preserve Owner/Manager (POM) at the final map stage" BACKGROUNDIDISCUSSION: The Otay Ranch Gcneral Developmcnt Plan requires that portions of the Phase 2 Resource Management Plan be jointly approved by San Dicgo County and the City of Chula Vista Prior to approval of the first SPA, the County must specifically approvc the Conveyancc Plan. At its March 6, 1996 meeting ,the County Board of Supervisors specifically discussed the issue of the actual timlllg of the land to be conveyed. It was noted that the Phase 1 RMP proposcd conveyance at the final map stage. while the proposed Phasc 2 RMP recommcnded that "50% of a villages' obligation to convey land occurs when the village is 50% devclopcd; the remaining 50% of the land is convcycd upon 90%, completion of the village." Dcvclopmcnt, in this instancc, has been defined as rccordation of the final map. Thcrc was also a concern as to the interprctation of this requiremcnt and thc ability to ensure that the land would bc conveyed free and clear of all encumbrances. The Board of Supervisors modified the Phasc 2 RMP to require conveyance of opcn space in fee title, frce and clear of all encumbrances, to thc POM at recordation of the first and each subsequent final map. APPLICANT'S PROPOSAL: The applicant is not opposed to conveyance at final map. OTHER POSITIONS: None. STAFF RECOMMENDATION: Amcnd the Phase 2 RMP to require conveyance of/and at the final map. AL TERNA TIVES: Do not amend thc Phase 2 RMP. RELA TED ISSUES: See Item XII. N I (JEPA), XII. N2 (In -lieu fee process), XII. N4 (Mcthodology) and XII. N5( Maintcnance). pcnnp3.doc Pag.: 1 / / c:;- /." ........" Item: XII.N4 Meeting Date: April 10. 1996 XII. PUBLIC HEARING: PCM 95-01 ISSUE: Should the methodology for calculating the amount of land conveyed to the Otay Ranch Open Spacc Preserve bc based on developable aereage? BACKGROUND/DISCUSSION: The methodology for detennining the amount of land to be conveyed to the Prescrve Owner/Manager was discussed at the March 6, 1996 Board of Supervisor's meeting. Staff has analyzcd alternative conveyance mcthods based on dwelling units under the City's GDP and thc County's SRP; cquivalcnt dwelling units under both plans; and sensitive habitat. Each alternative has its own advantages and disadvantages and effects each village and property owner differently. Staff believes the most equitable method for requiring conveyance is based on developable acreage because this method distributes the conveyance requircment cvcnlv throughout the Otay Ranch. At their March 6, 1996 meeting, thc County Board of Supervisors selccted developable acrcs as the conveyance mcthod. APPLICANT'S PROPOSAL: The project applicant proposcs that preserve land bc conveyed based on developable acres as indicated in the Phase 2 Resource managemcnt Plan. OTHER POSITIONS: Greg Smith has proposed the convcyance be based on dwelling units West Coast Land Fund has indicated that if they take ownership of their portion of the Otay Ranch they do not have conveyancc land. Staff has proposed an in lieu fee program to address this issue. STAFF RECOMMENDATION: Recommend to the City Council adoption of the Phase 2 RMP with conveyance based on developable acres. AL TERNA TIVES: I. Conveyance based on dwelling units under City GDP 2. Conveyance based on dwelling units under County SRP 3. Conveyance based on equivalent dwelling units under City GDP 4. Conveyance based on equivalent dwelling units under County SRP 5. Conveyance based on sensitive habitat RELATED ISSUES: See Item XII N 2 In Lieu Fee Program. A TT ACHMENTS: Otay Ranch Preserve Conveyance Alternatives Report and Table. PCR!vfP4.DOC //~ Otay Ranch Resource Management Plan Comparison of Conveyance Plan Alternatives Conveyance by Dwelling Units Two alternatives have been prepared to analyze conveyance of the open space preserve acreage by dwelling unit. The major difference between the City General Development Plan (GDP) and the County Subregional Plan (SRP) is the land use plan for Village Three. The GDP designates Village Three as Industrial while the County plan indicates a residential village. City GDP This alternative assigns conveyance responsibility based on residential units. No responsibility is assigned to non-residential land uses. The villages with high number of dwelling units, such as Villages 1 and 5, have a greater conveyance responsibility as does the Eastern Urban Center due to the 2,500 units allowed in that planning area. The Resort Site also has a high conveyance requirement due to the 2438 units associated with that village. The industrial uses in Village 3 and Planning Areas 18- A and B are not assessed under this alternative nor is the university in Villages 9 and 10. The rural villages with fewer units do not have the conveyance requirement of the urban and transit villages under this alternative. Village I is required to convey 1,610 acres as opposed to Village 15 with 250 acres. County SRP The only difference between these first two alternatives is the residential units in Village Three under the County's plan. Under the County's SRP, 741 additional units are added to the Plan, so the conveyance for each village is slightly less The university and the industrial planning areas are not assessed under this alternative. Conveyance by Equivalent Dwelling Units These alternatives allocate conveyance of preserve acres by equivalent dwelling units in order to assign a conveyance responsibility to these non-residential uses. Conversion to equivalent dwelling units allows the non-residential uses to be assigned a conveyance responsibility under the dwelling unit alternatives. In the formation of open space maintenance districts, the City of Chula Vista assesses non-residential land on an equivalent dwelling unit (EDU) per acre factor. All residential units equate to 1 EDU. The Community Purpose Facilities factor is 4 EDUs per acre, commercial 30 EDUs per acre and 40 EDUs for industrial uses. (/? Otay Ranch Conveyance Plan Alternatives City GDP by Equivalent Dwelling Units Under this alternative, all the land uses in the City of Chula Vista's GDP have been assigned a conveyance responsibility. The industrial uses in Village 3 and Planning Areas 18-A and B have a conveyance responsibility as does the university in Villages 9 and 10. In addition to the residential units in the Resort Site and the Eastern Urban Center the , commercial uses have also been assigned ED Us for a conveyance requirement. The total number of EDU s is substantially higher than the residential alternatives so the conveyance responsibilities are less for the residential villages. County SRP by Equivalent Dwelling Units The County SRP produces fewer equivalent dwelling units due to the residential units in Village 3 as opposed to the industrial EDUs in the City GDP. The SRP produces 913 ED Us as opposed to 7, 114 EDUs in the GDP. The developer of Village 3 would convey ISO acres under the County plan and 1,267 acres under the City Plan. Conveyance by Sensitive Lands The Sensitive Land alternative is based on the amount of sensitive habitat contained in each village. Under this alternative, villages with no sensitive habitat would not have a conveyance requirement. Villages with habitat are assigned a conveyance responsibility based on the amount of habitat in each village. In this case Villages 5, 6, 7 and 12 are not required to convey land to the preserve because there is no sensitive habitat located in these villages due to the agricultural operation. Villages 16 and 17 have the majority of the conveyance requirement due to significant areas of habitat in these rural villages. Village 14 in Proctor Valley has less of a conveyance requirement (774 acres) under this alternative than under the RMP developable acres alternative at 960 acres or the City GDP and County SRP alternatives at 830 and 804 acres, respectively. In Lieu Fee One of the property owners has suggested that, in cases where conveyance of land may not be feasible, an in lieu fee may be appropriate. These acreages of the alternatives have been applied to the per acre cost of $4,600. This is the cost per acre of comparable that was recently purchased for the wildlife preserve. The 11,375 acre preserve would cost $52,325,000 if purchased. Under the fee alternative, cost for RMP developable acres conveyance would range from $1.6 million for Village 18 to $4.7 million for Village 1. Under the City GDP alternative, conveyance cost range from $660,000 for Village 17 to $7.4 million for Village 1. Because there are no dwelling units assigned to the industrial, commercial and university uses, there are no costs as welL Village 3, 9, 10 and Planning Area 18-A and B would not have any conveyance cost or fees. Cost are similar for the County SRP alternative except for Village 3 residential uses, which would assume a $1.3 million fee. Page 2 I ~ February 19, 1996 //';:5 Otay Ranch Conveyance Plan Alternatives Conveyance by equivalent dwelling unit spreads the cost more evenly through the villages with fees running from $243,000 in Village 17 to $84 million in Planning Area 12, the EUC Because the EUC and the Resort Site have both residential units and commercial uses, their responsibility under the EDU alternatives is greater than the other villages at $8.5 million and $8.2 million, respectively. Major differences between the City GDP and County SRP EDU alternatives are in Village 3 with the City industrial cost at $58 million and the County residential village at $828,000. Preserve Conveyance Analysis by Village Village 3 Village 3 is required to convey 373 acres under the developable acres proposal in the Phase 2 RMP. Under the residential unit alternative, there would be no conveyance requirement under the City's GDP and a 348 acre requirement under the SRP. The City GDP industrial EDUs alternative requires 1,267 acres, over 10% of the preserve. The County plan by EDUs only requires 180 acres from Village 3. Because Village 3 does not have habitat or steep slopes, conveyance requirements are minor in comparison with 114 acres under sensitive lands alternative. Costs for conveyance by in lieu fee have a large difference in the alternatives for Village 3 due to the difference in land use between the City and County plan. Under the RMP developable acres alternative, Village 3 would have a $1. 7 million responsibility, no cost at all under the City GDP by residential unit alternative and a $5 8 million under the City GDP EDU alternative. Village 5 Village 5 is representative of the transit villages and conveyance requirements have a large range due the number of dwelling units and lack of habitat. Under the RMP developable acres alternative, 555 acres are required of Village 5. The City and County residential dwelling unit alternatives are the greatest at 1,394 and 1,351 acres while the EDU alternatives are 552 and 612, respectively. Since Village 5 does not contain any sensitive habitat, there is no conveyance requirement under this alternative. In lieu fee costs are similar with the City GDP and County SRP residential unit alternatives having the greatest cost at $6.2 million. The RMP and City EDU alternatives are similar at $2.5 because there is only a 2-acre difference in the conveyance requirement. The County EDU alternative cost is $2.8 million because the SRP does not contain as much industrial land as the City GDP. Village 13 The Resort Site has the least conveyance requirement of all the alternatives under the proposed RMP developable acres at 914 acres. The other alternatives have a greater Page 3 February 19,1996 //9' Otay Ranch Conveyance Plan Alternatives requirement due to the residential density and commercial intensity of the Resort. The City GDP and County SRP residential alternatives require over 1,100 acres each due to the density of the residential units. The equivalent dwelling unit alternatives require even more due the commercial uses in the resort. The City GDP EDU alternative requires 1772 acres and the County SRP EDU alternative requires 1,962 acres to be conveyed. In lieu fee are again similar, with the smallest cost associated with RMP developable land alternative costing $4.2 million for the entire village and County SRP ED U the greatest costing $9 million. Village 14 The Proctor Valley Village has the greatest conveyance responsibility under the RMP developable lands alternative at 960 acres and the least under the City GDP EDU alternative at 326 acres. The Sensitive Lands alternative has a lesser conveyance requirement (774 acres) than the RMP alternative because of the lack of habitat in this village. Conveyance by dwelling unit will have a lesser requirement at approximately 800 acres for the two alternatives due to the relative low density of the village. The EDU alternatives have even less due to lack of commercial uses in this village. The in lieu fee cost are greatest with the RMP alternative at $4.4 million as opposed to the least under the City GDP EDU alternative at $1.5 million. It would seem that conveying by dwelling units would place less of a burden on this village and thereby encourage the development of the village sooner. Village 15 Village 15 conveys the least to the preserve under the dwelling unit alternatives and the greatest under the sensitive lands alternative. The City GDP equivalent dwelling unit alternatives produces the least demand with only 111 acres as opposed to the sensitive habitat alternative that requires 1,172 acres to be conveyed. This range is due the large lot, low density development allowed in Village 15 and the large amount of habitat in the village. There are only 516 dwelling units in Village 15 compared to 500 acres of sensitive habitat. The in lieu fee costs are highest under the RMP developable acres alternative at $4.3 million because of the large lot development allowed in this village. When the fee is based on dwelling units the costs are $1.1 million for the City and County GDP/SRP alternatives. When the fees are spread by EDUs, the costs drop to just over a half of a million dollars for each alternative. Page 4 February 19, 1996 /A~ I 1 -- .RMP I ----- Developable Acres ' Village 1 1039 ------ ~e2 I - Village 3 864 . 373 Village4--r-- ---'765 ~--~...__._- , ---" Village 5 -'--' - ----- Village ~_ cC."-' Village 7 -- Village 8 ---. Village 9 Village 10 =0-- . \{il_lage 11 ~- Village 12 I Village 13 Village 14 Village 15 Village 16 Village 17 Village 18 -, I Village 19 Total -. ~_._"- .- - - 555 _.-- 407 . 3771 I 385 409, i 3161 458 -. 464 , 9141 960 9341 I 884 968 339 24 11375 -L I Otay Ranch Preserve Conveyance Alternatives _"_n ICity GDP Iby DUs I Acres - 1610 1 +_~_40 o County SRP by DUs Acres I ~~.. 911 .- ------ 348 --~~------ . 2561 258, - --.-"-- 1394 1351 _0'-_-- ----- 1081 1048 727 705 --.....----- 706 684 o 0 0 -"--- 820 1174 1145 804 242 183 139 .. 0 9 11375 o : I 846 1211 .. I 1181 . i----- 830 250 , 189 143 0 10 11375 City GDP by EDUs Ac res County SRP by EDUs iAcres Sensitive Lands Acres 739 273 ._~---~_.- _~O,_ 114 1 ..__ 125 614 0 0 - ----- 0 - 68 114 ---- - --- 80 - 371 411 68 .. .-------------..- . - -- -.------- 1847 2045 JJ 17721 1962 1251 I - 326 361 774 , . I 111 1231 1172 69 77 2571 53 58 3208 2037 2256 284 4 4 46 11375 11375 11375 Industrial - 40EDUs/AC Conmercial - 30 EDUs/AC CPF - 4 EDU/AC I Res - 1 DU 1 1 Source: City of Chula Vista Open Space Maintenance Districts - -~ 451 - -. '-1267~----i 500 7331 112Ft= "'!+ ---------- .~-- . ___~. _. _.---L-___ 4281 I 474' _-- ~__= ~~ I ~-~ =-=--=-~_~~ --[~~~J=---- _ __ ~1() __..____34]-_' .. - ::;,= =--= ::FF -....-....- ----- 304 337 I .- _.-- -----[-. ---- C;\Otayrnch\CNVYPLN3.xLS 4/5/96 /v1/ Item: XII.N5 Meeting Date: April 10, 1996 XII, PUBLIC HEARING: PCM 95-01 ISSUE: Should a maintenancc program be established for the intcrim maintenance of the conveyed open space lands? BACKGROUNDIDISCUSSION: The Otay Ranch GDP requires that the Phase 2 Resource Management Plan identify a funding source for the open space habitat prcserve prior to the adoption of the first SPA. In addition, the County of San Diego must approve the funding plan prior to the adoption of the first SPA. As indicatcd in the conveyance at final map issue paper, the Board of Supervisors detcnnined at their March 6, 1996 mecting that conveyance should be required at final map. County staff expressed concerns on their ability to maintain the first 600 acres of conveyance from SPA One while the Habitat Maintenance District was being fundcd. As indicated in the Habitat Maintenance District issue paper, this district is funded by a parcel assessment aftcr final map recordation. In the interim period betwecn the conveyance of open spacc at final map and assessmcnt of sufficient funds to maintain the preservc, County staff proposed that thc project applicant maintaIn the open space. Under the County's approval of the Phasc 2 RMP, the project applicant will be required to entcr into an agreement to maintain the preserve open space until suffieient funding has been collectcd by thc County to maintain the habitat. APPLICANT'S PROPOSAL: The project applicant is not opposed to the maintcnance agreement or requiremcnt. OTHER POSITIONS: None STAFF RECOMMENDATION: Amend the Phase 2 RMP to require a maintenance agreement requiring the project applicant to maintain conveyed open space lands until sufficient funding is available to the County of San Diego. AL TERNA TIVES: Do not amend the Phase 2 RMP and leave the maintenance responsibility with the POM at final map conveyance. RELATED ISSUES: See Item XII.N3 (Conveyance at Final Map) ATTACHMENTS: None. PCRMP5.DOC &{;<