HomeMy WebLinkAboutPlanning Comm Rpts./1996/08/14 (4)
PLANNING COMMISSION AGENDA STATEMENT
Item: ....L
Meeting Date: August 14. 1996
ITEM TITLE:
PUBLIC HEARING: PCS-96-04: Consideration of a revised tentative
subdivision map for the Otay Ranch SPA One, Chula Vista Tract 96-04,
generally located south of Telegraph Canyon Road between Paseo
Ranchero and the future SR 125 alignment and excluding 288 acres in
Assessor Parcel No. 642-060-11 and a portion of APN: 642-080-01.
Village Development has submitted a revised subdivision map for a portion of Otay Ranch SPA
One Chula Vista Tract 96-04 to subdivide approximately 822 acres into 1,898 single family
residential lots, approximately 1,831 multi-family residential units, one elementary school site, 7
park sites totaling 27.2 acres, 174.6 acres of open space, 11.5 acres of commercial and 14.6
acres of community purpose facility land. The application has been modified since the previous
submittal to delete the portion ofland on which West Coast Land Fund holds a promissory note.
Village Development proposes to delete this 288 acre area ITom the Tentative Map previously
recommended for approval by the Planning Commission.
The Environmental Review Coordinator has reviewed the proposed revised Tentative Map and
has determined that while the revised map is in substantial confonnance with the Otay Ranch
SPA One Plan for which Final Environmental Impact Report 95-01 and Addendum were
certified by the City Council the revision to delete 288 acres will require an additional
Addendum. The additional Addendum did not identify any adverse environmental impacts.
Therefore, staff recommends the recertification ofFEIR 95-01 and Addendum's and reapproval
of the Statement of Overriding Considerations and the Mitigation Monitoring Program related
thereto.
ISSUES:
The following are unresolved policy and design issues between the project applicant and staff:
. Implications of deleting 288 acres ITom the previously proposed tentative map
. Gated Neighborhoods
. Access to EastLake triangular parcel to the east of Village Five
RECOMMENDA nON:
Recertify FEIR 95-01 and Addendum's for the Otay Ranch SPA One and Tentative Map for
Otay Ranch, Chula Vista Tract 96-04.
Item: 3 Page 2
Meeting Date: August 14, 1996
Adopt the attached Planning Commission Resolution PCS 96-04 recommending approval of the
Tentative Subdivision Map for Village Development's portion of Village One only of the Otay
Ranch SPA One, Chula Vista Tract 96-04, in accordance with the findings and subject to the
conditions contained in the attached Draft City Council Resolution (Attachment 2.)
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
I. BACKGROUND
The originally proposed tentative map covering approximately I, II 0 acres of the Otay Ranch
SPA One (all of Villages One and Five) was approved by the Planning Commission on July 10,
1996. The proposed map was scheduled to be reviewed by the City Council on August 6, 1996.
On July 25, 1996 the Court released the "Stay of Action" which was previously applied to the
property. (See Exhibit A). In light of this new information, Village Development requested a
two week continuance ITom the August 6 City Council hearing date so that they might prepare a
revised tentative map excluding the 288 acres on which WCLF holds a collateral interest. Staff
recommended and the City Council determined that it would be best to refer the matter back to
the Planning Commission for review prior to the August 20, 1996 City Council hearing. On
Thursday, August 8, 1996, the Court granted an additional stay of action for seven days to
enable the debtors to appeal the Court action.
2. APPLICANT'S PROPOSAL
The Applicant is proposing to revise the tentative map to delete the 288 acres of WCLF
collateral interest in Village One and Village Five ITom the tentative map (See Exhibit B).
Neighborhoods R-12 is not proposed to be subdivided as this time because the collateral line
runs through the area. Neighborhood R-IO has been relotted to reflect the WCLF boundary.
Village Development's revised subdivision map for their portion of Otay Ranch SPA One Chula
Vista Tract 96-04 to subdivide approximately 822 acres into:
1,898 single family residential lots
1.831 multi-family residential units
3,729 total units
with one 10 acre elementary school site, 7 park sites totaling 27.2 acres, 174.6 acres of open
space, 11.5 acres of commercial and 14.6 acres of community purpose facility land.
Item: 3 Page 3
Meeting Date: August 14,1996
3. ISSUES
A. Implications of deleting 288 acres from the previously proposed tentative map
Technical Committee: The Technical Committee consisting of representatives from Fire, Police,
Planning and Public Works departments and the Project Team met on August 8, 1996 to review
the proposal and are concerned with a number of issues. Should a scenario be approved which
would delete the center portion of SPA One, staff is concerned that future flexibility to replan
Village Five would be lost. WCLF has opposed to the park, school and CPF uses located on
their collateral in the Village Five Core. It is therefore foreseeable that if WCLF gains the rights
to the collateral that they would seek a SPA amendment to relocate these uses elsewhere in
Village Five, which would require negotiation and cooperation with Village Development. City
staff believes that these issues should be addressed and negoriated between the WCLF and
Village Development prior to approval of any tentative map for Village Five. Staff sees the
eastern part of Village Five as just a large subdivision without the support of the village core. We
are also con~med about the development of the paseos if split by the property holdings.
Staffhas concerns with proposed access through non-gated neighborhoods. There are portions
ofWCLF collateral that are only accessed through a gated Village Development neighborhood.
This access would not comply with City ordinance or policies.
Grading adjacent to or on the WCLF collateral for Village Development is also a concern. While
the subdivision may be approved, actual development should be held back from the undeveloped
property between 50 to 100 feet to avoid future grading conflict when the WCLF property does
develop.
Police and Fire Departments: Both the Police and Fire Departments have expressed concern
regarding the applicant's proposal. They want to be ensured that La Media Road and East
Palomar Street will be in place no later than the trigger points which were established for the
original tentative map proposal. They reiterated that if possible they would strongly prefer that
these road segments be installed earlier than originally approved. While initial analysis indicated
the thresholds could be met, the departments remain concerned with the current proposal and the
timing of La Media and East Palomar. Both departments also indicated their concern with
Neighborhood R-33 in Village Five and would like to have a temporary secondary access into
this neighborhood from Telegraph Canyon Road. The existing sewer road may be used as an
emergency access to this neighborhood.
Chula Vista Elementary School District: A Mello-Roos District has been initiated on the entire
SPA area. The district can acquire the school sites whenever the district believes they are
needed.
B. Gated Neighborhoods
During the SPA One Plan hearings, the Planning Commission recommended against the gates as
proposed by the project applicant in the SPA Plan. The City Council voted tentatively (3-2) to
Item: 3 Page 4
Meeting Date: August 14, 1996
support the Planning Commission's recommendation, but, at the June 4, 1996, meeting took
final action (5-0) on the SPA Plan and agreed to reconsider the final decision on gates at the
Tentative Map stage.
Ten gates are proposed on the Tentative Map restricting access to all the single-family
neighborhoods in both villages Under the SPA proposal, only the single-family neighborhoods
north of Palomar Street in Village One were proposed to be gated. The Tentative Map proposes
gates for the neighborhoods south of Palomar Street as well as the others proposed under the
SPA Plan. For analysis, staff has numbered the gates I through 10 on the previous tentative
map. On the revised map, Gates 4 and 8 are on the WCLF collateral. Gates I, 2 and 3 now
restrict auto access to the Village One neighborhoods north of Palomar Street. There are 874
single-family homes behind these gates on Village Development property. There are 115 lots in
Neighborhoods R-9 and 11 that are on WCLF collateral.
Gates 5, 6 and 7 restrict vehicular access to the 364 homes proposed south of Palomar Street in
Village One. Because the collateral line splits this area and public access is needed to both sides,
staff does not believe gates will work in these neighborhoods. There are 199 lots in the WCLF
collateral and 185 in Village developments property neighborhoods R- 12, 13 and 14.
Neighborhoods R- 12, 13 and 14 can not be gated until the ownership issue is resolved because
the WCLF area needs public access.
Vehicular access to the Village Development's portion of Village Five is now restricted by Gates
9 and 10. Staff is concerned with the proposal for splitting Village Five and the potential for
gating only Village Development's portion of the village. As with the area south of Palomar in
Village One, the concern focuses on public access WCLF. If the WCLF collateral has public
streets, Village Development will need an additional gate at the connecting streets. Staff believe
the gate issue should be revisited after the ownership issue is resolved.
AU the gates restrict just vehicular access. Pedestrians, bicyclists and carts will have full access
under the proposed gating plan. Gates having the most amount of traffic are tentatively
proposed to be staffed. Under the proposed phasing plan it should be noted that the gates will
remain open for a number of years prior to being activated.
While staff believes the proposal to gate neighborhoods has merit, we believe the Planning
Commission should consider the following points which are not specifically addressed in the
tabJe:
Exclusivity vs. Community: There are many arguments for and against gated communities
trom a social perspective. Concerns have been raised that separating segments of society behind
walls and gates will only lead to further economic and racial segregation within our community.
There is the fear that those who live behind gates have a greater apathy for those outside. On
the other hand, others argue that gates create more of a sense of neighborhood and community
than a traditional subdivision. The feeling is that people will work better together to support
their "defined" neighborhood rather than losing that focus in a sprawling subdivision
Item: 3 Page 5
Meeting Date: August 14, 1996
Crime: Fear of crime is the most important factor leading to the move toward gated
communities. People see gates and guards and assume an area is inherently more secure. That
fact, however, is debatable and is dependent on the type of crime studied. Some reports on
crime in gated communities show that certain offenses, such as petty theft or voyeurism, are
reduced with the presence of gates. However, certain violent crimes that usually involve people
who are known to each other, like murder and rape, may not be reduced. Nonetheless, the
perception of any affected homeowner is that gated neighborhoods are safer.
Traffic and Circulation: Reducing traffic flow and making streets safer is one of the main
reasons gates are proposed. Proponents of gated communities argue that diverting traffic !fom
high volume residential streets makes the streets quieter and safer for children. In addition, if
only residents are allowed access to the streets, monitoring strangers driving through
neighborhoods will be easier, therefore, making the area safer for the residents.
Opponents argue that gating a community may do nothing more than transfer the problem of
residential traffic !fom one street to another. They believe that these communities may create
more congestion by concentrating traffic on collector streets outside the development. Although
if the gated community is only a feeder to the major arterial (like a street system that is based on
cul-de-sacs), it makes little difference if it is gated or not in terms of the traffic coming into a
collector street. Some believe that the gating of communities reduces choice and opportunities
for vehicular travel routes. This could be true depending upon the design of the street system. If
it were a grid system it would be true but probably not if it were a cul-de-sac system.
Emergency Access: Gated communities pose challenges for emergency responses !fom police,
fire and paramedics. Unless properly controlled, gates can lead to minor delays or can result in
major difficulties in responding to emergencies or acting to evacuate areas. Mechanical access
systems to these communities exist but may not operate effectively at all times. Systems that rely
on entry codes only face the problem of notifying emergency services when the code is changed.
If these emergency services are not notified in time, delays may result. Additionally if gated
communities have limited points of entry and, if one entry is blocked, there is an increased delay
in access to the emergency.
Currently, systems like the "Opticom" Vehicle Strobe Detector Systems, Knox Boxes and Knox
Key Switches are provided to eliminate any difficulty in responding to emergencies that police,
fire or paramedics might have. These systems work effectively and have not led to substantially
lower response times. To ensure that, redundant multiple systems could be required. Even with
these systems, the Police and Fire Departments are still concerned and recommend that gates
only be approved if staffed 24 hours a day.
Metropolitan Transit Development Board: MTDB staff is not supportive of gated
communities, primarily because they believe gating contributes to a discontinuous street system
and restricts mobility They believe that discontinuous streets inhibit pedestrian, bicycle and
transit circulation and increase automobile dependence. In addition, they believe gates form
artificial barriers between neighborhoods. MTDB sees this action as contrary to the neo-
traditional goals of the Otay Ranch GDP.
Item: 3 Page 6
Meeting Date: August 14, 1996
During the SPA Plan review, staff prepared a gated communities policy paper containing general
and specific guidelines for gating neighborhoods. The general guidelines focused on the
following items:
. Discourage gates in commuml:1es where the Growth Management Threshold
Standards could not be met.
. Maintain pedestrian and bicycle access to parks, open space and other facilities.
. Require that all State and City criteria be met for street design, including access for
school buses, trash pick-up and mail delivery and enforce the traffic and parking
regulations of the Vehicle Code.
. Review and approve the number of units behind gates to reduce impacts to
surrounding communities.
The specific guidelines and requirements focused on the following:
. Signs indicating gated street areas and location of trails and parks open to the public.
. No public services such as libraries, fire or police stations located behind gates.
. Maintain alternative access to public facilities.
. Enforcement of the Vehicle Code in gated communities.
. Require staffing on some or all of the gates.
The Engineering Department criteria for gated communities requires:
. Sufficient stacking for peak flows
. Construct streets to City standards but privately maintained
. Private stonn drains
. Private street lights confonning to public standards
In addition, the Chula Vista Elementary School District wants to ensure access for the school
buses, require hold harmless and indemnification agreements and insurance from the
homeowners association.
The gates, as proposed on the Tentative Map, meet the criteria as proposed by staff in the
following table. While restricting vehicular access to a limited number of the single-family
neighborhoods could be acceptable, staff is still concerned about the number of units proposed
behind gates in this project and recommends denial of the gates as proposed. Gated products on
a reduced scale could be acceptable and might be advantageous to the overall project.
Additionally, at the July 10 Planning Commission hearing, the Commission reiterated their
previous position which was not in support of gating the project.
Item: 3 Page 7
Meeting Date: August 14, 1996
The following table analyzes the 10 proposed gates in relationship to the above criteria:
1 2 3 4 5 6 7 8 9 10
General
Criteria
GMOC Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Threshold
Standards
Ped access Yes Yes Yes *s Yes Yes Yes *s Yes Yes
City Ord Yes Yes Yes *s No No No *s Yes Yes
Other Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Agencies
Nwnber of 989 989 989 989 ;64 ;64 ;64 .J+98 .J+98 .J+98
units 874 874 874 185 185 185 1098 1098
Specific
Criteria
Si!!IlS Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Signs to Yes Yes Yes *s Yes Yes Yes *s Yes Yes
public filc
Facilities Yes Yes Yes *s Yes Yes Yes *s Yes Yes
private
Access to Yes Yes Yes *s Yes Yes Yes *s Yes Yes
other
attractors
Public Yes Yes Yes *s Yes Yes Yes *s Yes Yes
enforcmnt
ofV.C.
Staffed No Yes Yes Ne No No No Ne Yes Yes
Stacking Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Pvt Street Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Pvt Drain Yes Yes Yes *s Yes Yes Yes *s Yes Yes
P-.t St. Yes Yes Yes *s Yes Yes Yes *s Yes Yes
Liebling
Schoo1bus Yes Yes Yes *s Yes Yes Yes *s Yes Yes
access
Staff has included conditions of approval for gates if the Commission detenmnes some are
appropriate.
c. Access to EastLake Triangular parcel:
Representatives of Eastlake have requested that the City require Village Development, as part
of the Tentative Map, to dedicate and improve to City standards, vehicular and pedestrian
access to Eastlake's triangular parcel of land. After study and preparation of several
alternative plans (see Exhibit C) by the Department of Public Works, showing potential
access routes to the property, the City Public Works and Planning Departments as well as the
Project Team have detennined that a connection to the EastLake triangular parcel to the east
is not necessary as a result of the traffic generated from the SPA One project. This access
Item: 3 Page 8
Meeting Date: August 14, 1996
would require deletion of approximately 10 single family lots from Phase IA of the Tentative
Map. City Staff has met with Village Development and EastLake representatives on several
occasions in an effort to amicably resolve this issue but have been unable to reach an
acceptable solution to either party. While private negotiations were held, no resolution of this
private issue was obtained.
EastLake has indicated that they do not believe they should be financially obligated for
compensating Village Development for the loss of the 10 lots nor responsible to construct the
access improvements or maintain them. In addition to this access, they also will be requesting
the City for a signalized intersection on Otay Lakes Road.
City staff does not believe that Village Development should be required to provide nor
maintain the access on the Tentative Map to Eastlake's property. Villages One and Five do
not generate any traffic impacts on the triangular parcel or require a need for a signalized
access. This access issue and the need for the traffic signal is a separate issue pertaining to
Eastlake. It should be noted that Eastlake knew about the access limitations to this parcel
(right turn in and out) during the property transfer negotiations between Baldwin Co. and
Eastlake.
4. ALTERNATIVES
A. Approve Village One
Staff recommends approval of the Tentative Map for only Village Development's portion of
Village One. This alternative will not approve a subdivision for Village Five. Approval of the
map for Village Five will lock in to a greater degree the subdivision of the Village thereby
reducing flexibility to adjust land uses. West Coast Land Fund has indicated they are not satisfied
with the SPA One land use plan and they wish to adjust the school and park locations, increase
the commercial acreage, delete multi-family areas and add single-family neighborhoods. If
Village Development is successful in retaining ownership the proposed map can be brought back
to the Commission and council for approval.. If a new owner becomes involve who wishes to
adjust land uses, a SPA amendment and tentative can be brought IToward after negotiation with
Village Development.
The recommendation for only Village Development's portion of Village One will subdivide
556.54 acres into:
962 single family residential lots
1,566 multi-family residential units
2,528 total
with one 104 acre elementary school site, 4 park sites totaling 22.2 acres, 116.3 acres of open
space, 11.5 acres of commercial and 11.6 acres of community purpose facility land.
Item: 3 Page 9
Meeting Date: August 14, 1996
B. Approve Village I and Phase I-A of Village 5
Alternatively, City staff could also support approval of the tentative map for only Village
Development's portion of Village One plus Phase I-A of Village 5 which will subdivide 608.24
acres into:
1,198 single family residential lots
1.566 multi-family residential units
2,764 total and
one 10.4 acre elementary school site, 5 park sites totaling 23.5 acres, 122.7 acres of open space,
11.5 acres of commercial and I 1.6 acres of community purpose facility land.
This alternative would give Village Development additional discretionary approvals for their land
sales program. Staff believes that because of the limited size of Phase I-A, City services easily
can be extended and threshold standards can be maintained.
CONCLUSION:
Staff recommends the Planning Commission adopt Alternative A
Attachments:
Exhibit A: August 2, 1996 Councillnfonnational Memo
Exhibit B: Revised Tentative Map
Exhibit C: City Council Workshop Issue Paper on Triangular Parcel Access
Attachment 1 Planning Commission Resolution Approving Applicant's Proposal
Draft City Council Resolution with Conditions
Attachment 2 Planning Commission Resolution Approving Staff Recombination A
Draft City Council Resolution with Conditions
Attachment 3 Planning Commission Resolution Approving Staff Recombination B
Draft City Council Resolution with Conditions
EXHIBIT A
COUNCIL INFORMATIONAL MEMO
DATE:
August 2, 1996
TO:
The Honorable Mayor and City Council Members
FROM:
John Goss, City Manager [if'
Jerry J. Jamriska, Special Planning Projects Manager,
VIA:
SUBJECT:
Potential Issues Impacting the Proposed Tentative Map for the Otay Ranch
Project
This informational memo is intended to briefly update the Mayor and City Council on the
current status of the following issues:
1. Tiger Development Two Bankruptcy
In February of 1996, a group of creditors of Tiger Development Two, one of the partner
companies of Village Development, filed an action of involuntary bankruptcy against Tiger
Development Two. The involuntary bankruptcy case prevented West Coast Land Fund (WCLF)
from foreclosing on the land. WCLF, in turn, has continually requested to the City Council and
Planning Commission that all discretionary approvals be postponed'. These creditors, namely
Hunsaker & Associates, Burton Associates and Dexter W. Wilson Engineering, were owed
approximately $387,063. Pending resolution of this involuntary bankruptcy, a "Stay of Action"
for the pending foreclosure sale was issued by the court.
On July 25, 1996, by a petition from WCLF, the Court released the "Stay of Action."
On July 31, 1996, staff received a fax from a law firm representing Tiger Development Two.
That fax states "that as of that date, no Order granting West Coast relief from the automatic
stay has been signed by the court." It goes on, "the foreclosure sale....cannot go forward (August
2) and will need to be continued to a date beyond August 6, 1996 in any event".
Pending the results of an appeal and a request for a stay order, foreclosure proceedings can now
co=ence. Village Development has stated that they intend to appeal the decision and request
the Court of Appeals to reinstate the "Stay of Action" pending resolution of their appeal. As of
this writing, staff is unaware if the property has been foreclosed or if an appeal has been filed.
West Coast Land Fund holds a promissory note from Tiger Development Two secured by a first
priority Deed of Trust encumbering approximately 1,061 acres of land located within the
boundaries of Villages 1, 2, 5, 6, 7 and 11 and Planning AIea 12 of the Otay Ranch General
Development Plan. They acquired this note from the Resolution Trust Corporation (RTC) after
Home Federal Sayings dosed their operations. The loan has been in default since September,
1995 and a non.judicial foreclosure saJe was scheduled for February 8, 1996. The filing of the
above involuntary bankruptcy case triggered an automatk stay that prevented WCLF from
foreclosing on the note. Tiger Deyelopment Two had been in default of payment to \Vest Coast
Land Fund for this property.
IOn ,TuIY 1:2. ]~!~!(-1. in h h":iring Ioc'fl>n' thp Hankrupin' ('''UI"1. th,> .1udgl' gran1,',i ])"!':~;l""",i('Tl 1" 1h" CJ!~' t(l 1'''rJlinu'' the
]1)"('("""'-' ,,( ,mrl'"xing th,. ()III\' H!-I!!,h Pr"I"'r1i.'<: (to ,hi' (~ii\' to( ('hul:i \'is!.'!
The Honorable Mayor and City Council
August 2, 1996
Page 2
2. West Coast Land Fund request for continuance.
On July 26, 1996, a Jetter was received from representatives of WCLF requesting a two week
continuance "in order to give West Coast an opportunity to determine an appropriate course of
action with respect to the subdivision proceedings".
3. Baldwin Builders request for continuance.
On July 3D, 1996, a Jetter was received from a representative of Baldwin Builders (Jim Johnson,
et. al.) requesting an indefinite continuance until a "fee.in.lieu" procedure and process is
established. City, County and property owner representative of the parceJs being annexed to the
City heJd a meeting on July 23, 1996 to begin a series of workshops on the criteria, formuJa,
and process of establishing a City and County "In-Lieu Fee" program.
Several of the property owners do not have any or adequate mitigation Jand existing under their
current ownership to convey to the preserve as part of their obligation under the Phase 1 and 2
of the Resource Management Plan. This program, if adopted, would provide an alternative
method to the actual conveyance of land to the Preserve OwnerjManager (POM) as mitigation of
environmental impacts.
Also, the City Manager's office is negotiating a deveJopment agreement with Baldwin Builders
which will be presented to the City Council during the month of August.
4. Tentative Map status.
The Tentative Map being presented to Council is being recommended by staff for approval. The
Tentative Map complies with all the conditions and requirements of the General DeveJopment
Plan, SPA One and associated documents adopted by the Council with the exception of the
following:
"Open Space Conveyance Agreement" (currentJy under preparation);
"Indemnification Agreement" (waiting for applicants signature);
"Open Space Feasibility Study" (currently being reviewed by City staff); and
"Municipal Fire Insurance Condition" (currently under preparation).
5. City Council Meeting of August 6, 1996
On August 1, 1996, the City was informed by Village Development representatives that they
will be requesting a two week continuance until August 20, 1996 to revise the Tentative Map,
deleting that portion of WCLF equity from the Map. If the above request is made, staff would
concur and recommend that City Council, after opening up the public hearing and taking
testimony, refer the Revised Tentative Map back to the Planning Commission for additional
input and recommendations. To comply with the public notice requirements, the Project Team
staff published and sent public notices to reserve the following public hearing dates:
Planning Commission-August 14, 1996
City Council------uumnAugust 20. 1996
The Project Team staff has quickly reviewed the SPA and the proposed Tentative Map
conditions and the Public Facilities Financing Plan (PFFP). The preliminary review of those
items are as fol1ov,s:
. Village De\'elopment Tentati\'€ Map Conditions: See Exhibit B
. Staff Tentati\'€ Map Conrntions: See Exhibit C
. Public Facilities Financing Plan:
The Honorable Mayor and City Council
August 2, 1996
Page 3
The PFFP will need to be amended to reflect the following:
Phasing Map will need to be updated and the PFFP revised to reflect ownership
change.
SnmmRT}' of Cost and Fees by Phase and Facility revised to reflect change in
ownership acreage and dwelling units.
Traffic - Deletion of WCLF property will require improvements to East Palomar
Street and La Media by Village Development currently required at 300 DU's in
Phase 2A as off-site rather than on-site improvements.
Polic<VFir<VEMS - No change is necessary. GMOC standards for response times
are stiII applicable. Both Police and Fire Departments have tentatively expressed
concern that with the deletion of the WCLF property from the Tentative Map
may further erode their response time to Village Five, but further analysis of the
Map, as it relates to the GMOC standards, will be needed.
School - Elementary site in Village One is sufficient for Phases 1A and IB; the
second site in Village Five will be needed at 2,500 units. Village Development has
3,729 units. Off-site acquisition of the Village Five school site and a site west of
Paseo Ranchero will be necessary. Mello-Roos districts will pay for land
acquisition and construction of schools.
Libraries - No change is necessary. The Public Facilities DIF program will stiII
need to be updated.
Parks, Trails and Open Space - Park fees will be paid as development occurs.
Park P-1 is the ll-acre neighborhood park in Village One and will support 1,910
units. A second park site will be needed beyond that point. Park P- 2 in Village
One is 7 acres and will support an additional 1215 units for a total of 3,125
units. The 5-acre park site on WCLF property would require off-site acquisition
by Village Development or City.
Water. The Master Water Plan for a loop water system is still possible within
each village without WCLF property.
Sewer - The Master Sewer Plan for gravity flow is still possible for each village
without WCLF property.
Drainage - The Master Drainage Plan for improvements will be necessary across
WCLF property for Poggi Canyon.
Air Quality- No Change is necessary.
Fiscal - A change in the Reserve Fund may be necessary.
Civic Center - No change is necessary. The Public Facilities DIF program will
still need to be updated.
Corporation Yard - No change is necessary. The Public Facilities DIF program
wil1 still need to be updated.
Other Public Facilities - No change is necessary. The Public Facilities DIF
program wil1 stil1 need to be updated.
Public Facility Finance - No change is necessary. All financing methods are stil1
applicable.
6. WCLF and Village Development Land Use Comparisons
The attached Exhibit D portrays. in great detail. the indi,'idual land use statistics and
characteristics between WCLF and ViJlage De,elopment and the Proposed Tentati'e Map. The
data genera.}]y sho''''s that under the rurrent Tentative 1\1ap:
The Honorable Mayor and City Council
August 2, 1996
Page 4
WCLF
Villal1e Development
Single-Family
Multi-Family
Site Size
Neigb.. Park Land
Comm. Park Land
School Facilities
CPF Sites
487 dwelling units
1,350 dwelling units
288 acres
+ 5.92 acres than required
. 5.29 acres than required
+ 1.48 acreS than required
+ 0.75 acres than required
1,898 dwelling units
1,831 dwelling units
822 acres
+ 5.72 acres than required
0.00 acres than required
. 7.50 acres than required
+ 3.17 acres than required
It should be noted that there already exists appropriate conditions in the Tentative Map as well
as financial mechanisms exist to insure the proper location, timing and construction of all on.
site and off. site facilities, (Mello. Roos, DIF and PAD fees for schools, infrastructure and park
facilities). In addition, WCLF would be either required to provide fees or additional land on-site
to meet their obligation for the development of a co=unity park.
The civil engineers who designed the tentative map for Village Development have indicated that
all public utilities for the Village Development portion of Village Five still function properly
according to City standards. In addition, the grading for Village Five balances with Village
Development's portion of the village. No import or export of material will be necessary as part
of the earthwork for Villages 1 and 5 under the ownership control of Village Development.
However, off. site slope easements may be necessary into WCLF land or development temporarily
pulled back to acco=odate this grading.
7. Financial Status of Village Development
At this point in time, Village Development is one month delinquent in payments in the amount
of $88,156.46. This amount was due and payable on July 25, 1996. This amount includes all
costs for City staff and consultants assigned to work on the Project, as well as legal costs
associated with the GDP/SRP litigation. It is estimated that an additional $50,000 will become
due and payable on August 25, 1996.
8. Alternatives
Staff has reviewed the Tentative Map in regards to the issues raised above. The following
alternatives are available for City Council and Planning Commission consideration:
1. Delete WCLF property from Tentative Map
This alternative would allow Village Development to proceed with development. However,
the approval, for ViI1age Development in both portions of ViI1ages 1 and 5 would lock in
the subdivision lot pattern and make it more difficult to adjust lot layout and land uses
if WCLF wishes to shift school, park and multi.family land uses out of their property.
Approval of the Map for only ViI1age 1 would allow more flexibility for replanning of
Vil1age 5 if \VCLF becomes a property o'wner and wishes to replan. It should be kept in
mind that the replanning probably would require amendments to the General
Development Plan, SPA One and Tentative Map.
2. Approve Tentative Map
This alternative approves the lot layout for both Village Development and WCLF
properties. Approyal of the Tentatiy€ 'Map would allo-w Village De\'elopment to moy€ to
Final Maps which are mirusterial actions by the Council. If ViI1age Development
compJies with the conditions of approval. the Council is required to appro\'e the Final
The Honorable Mayor and City Council
August 2, 1996
Page 5
Map. Flexibility to modify land uses between WCLF and Village Development would be
lost. Any change in land use on the Tentative Map would require a SPA amendment.
3. Approve Tentative Map for Only Village One
As mentioned above, the City Council could approval the Tentative Map for just Village
One and continue the Village Five portion of the Tentative Map to another date. This
alternative would allow staff time to review the conditions of approval and analyze the
impacts of the potential change in ownership. This alternative would allow flexibility in
redesigning Village Five to address WCLF concerns regarding the land use pattern of
the village.
4. Approve Tentative Map for Phases lA, lB and 2B
This alternative would allow Village Development to start development of both Villages
One and Five but preserve the flexibility in Phase 2A to adjust land use and subdivision
layout to address WCLF concerns. The resolution of approval could be modified to reflect
this limited approval and brought back to Council at the August 20, 1996 meeting for
their adoption if this alternative is selected.
Reco=endation: Staff reco=ends that the Tentative Map public hearing be continued to
August 20, 1996 before the City Council and that the map be returned to the Planning
Commission at their August 14, 1996 meeting for a report on the re,ised Tentative Map and
potential alternatives.
Attachments:
Exhibit A= SPA One Ownership Pattern
Exhibit B= Potential Tentative Map Conditions Modifications
Exhibit C= Potential Tentative Map Conditions Modifications
Exhibit D= Tentative Map Land Use Data
Exhibit E= Tentative Map Phasing Program
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EXHIBIT B
WCLFNAPCONDnnONS
DESIGN
(13) Page 2
PedestriaB aesess sholl ee provided eeFweell pllfeels C 4 RIId CPF 7. Said aeeess shall ee
indieated 011 the Precise PllII! fur the Village 5 eere.
R12tionale: This condition is deleted because Parcels C-4 and CPF-7 are entirely within
the Tiger Development Two awnership.
(16) Page 2 & 3
A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final map.
Materials and color used shall be compatible and all walls located in comer side-yards or
rear yards facing public or private streets or pedestrian connections shall be constructed of
a decorative masonry and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry
and wrought iron, is allowable at the ends of the cul-de-sacs backing up to Telegraph
Canyon Road, East Orange Avenue and Paseo Ranchero, shall be prepared prior to
submittal of the wall plan indicated above. If such fencing is allowable per the final
acoustical analysis it shall be provided at the ends of the following streets: Parker
Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, Porterville
Court, Firebaugh Court, Street C4, BouEjllet C811)'OIl Dfl'/e, Little Lalce Street, Strll'Nberry
1IiI!Iey Read, Melleota Street, Pacifica Colirt, SlIfita DeIBRa l.'tsooe, San Dimas Court,
Hanford Court, Rocklin Court, Colton Court, Rincon Point, Santa Inez Avenue, Traver
Court, Vernon Court, Linsay Court, MorgRII Hill Drive, Applegate Street, Dunsmuir
Court, Gi"'!!YSOH Celffi, Gi"eemield Court, Liv'.ngstea l....elllie, Hllyforel Drive, Fiddletovffl
Drive, Saata Flora Drive, Bull C811)'oa Drive, Buckshot Drive, BelcH!! Street and Cannel
Aveaue. View fencing shall be provided at the ends of all other open cul-de-sacs where a
sound wall is not required.
AIIy combination free standing/retaining walls shall not exceed 8.5 feet in height. The
applicant shall submit a detail and/or cross section of the maximum/minimum conditions
for all "combination walls" which include retaining and free standing walls. Said detail
shaH be reviewed and approved by the Director of Planning prior to the approval of the
first final map. The maximum height of all retaining walls shall be 2.5 feet in height when
combined v,1th freestanding walls wlllch are six feet in height. A 2-3 foot separation shall
be provided between fiee standing and retaining walls where the combined height would
otherwise exceed 8.5 feet.
Rationale: Streets contained with1l1 Tiger Developmcnt Two ownership are deleted.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
(24) PalZe 4
Install a fully activated traffic signal including interconnect wtnng at the following
intersections:
a) East Palomar Street and Paseo Ranchero
b) East Palomar Street and La Media Road (offsite)
c) East Palomar Street and East Orange Avenue
d) East Orange Avenue and Paseo Ranchero
e) East Orange Avenue and La Media Road (offsite)
Insta1I underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined
by the City Engineer.
Riltionale: It is necessary to designate the two La Media signals as "offsite"
improvements. It would not be necessary to delete these improvements because the
traffic signals will be needed upon the construction of La Media Road which is not
entirely or independently depended upon development of the Tiger Development Two
property.
(33) Paee 6
Provide the necessary modifications to the existing traffic signals including interconnect
wiring at the following intersections:
a) Telegraph Canyon Road at St. Claire Drive
b) Telegraph Canyon Road at Otay Lakes Road
c) Te1egraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined
by the City Engineer.
Rationale: No changes are necessary jor this condition. It is included in this analysis to
acknowledge that Item "b" - Telegraph Canyon Road at Gtay Lakes Road, is the
intersection leading into La Media and the Tiger Development Two property. However,
this improvement is necessary even if Tiger Development Two property is not included in
the Tentative Map.
iJum 1996'wclfwnd doc
2
GRADING AND DRAINAGE
(53) PalZe 10
Enter into an agreement with the City, prior to approval of the first final map or grading
permit for land draining into the existing Telegraph Canyon Channel, where the developer
agrees to perform the following activities within the portion of said existing channel
extending from Paseo Ladera to the eastern subdivision boundary:
a) Provide for the removal of siltation until all upstream grading within the
development is completed and erosion protection planting is adequately established
as determined by the City Engineer and Director of Parks and Recreation.
b) Provide for the removal of any siltation attributable to the development for a
minimum period of five years after maintenance of the channel is assumed by the
City of an open space district.
Rationale: No changes are necessary to this condition. It is contained in this analysis to
acknowledge that it is understood that a portion of the Telegraph Canyon Channel
includes land immediately adjacent to Tiger Development Two's ownership. Again, the
conditions necessary to protect the channel are required even if Tiger Development Two
property is not part of the Tentative Map.
(66) PalZe II
Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange Avenue/Paseo
Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a
design study, acceptable to the City Engineer, of the grading required for said grade
separated intersections.
Rationale: No changes necessary. This condition is contained in this analysis in
recognition of the fact that the Telegraph Canyon Road/Dtay Lakes Road improvement is
immediately adjacent to the Tiger Development Two property. However, this
improvement is necessary regardless of the development on Tiger Development Two
property.
(68) Page] 2
Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the
proposed culvert will be capable of handling the design flow in the event said culvert
needs to be e),1ended in the future in conjunction ",>jth the grading for a grade separated
intersection at Telegraph Canyon RoadJOtay Lakes Road.
i. Lrn.j996'wclf=ddo.::
3
Rationale: No changes are necessary. This condition is referenced because of the
proximity of the Tiger Development Two property to the Telegraph Canyon Channel and
the Telegraph Canyon Road/Otay Lakes Road intersection.
PARKS/OPEN SPACE/WlLDLIFE PRESERVATION
(79) Page 14
(f) The 1.7 aere Te-Ni\ 8~are in YilIage Five shall reedve 199% Beigheerheea J!ark
ereElit if eeflStrueteEI esftsistellt with the eriteria 6SfttaineEI in the GeBeral
DeveleJ!mel!t Plan (part IT, ChliJ'ter 4) aHa if imprevemellta eeBstruetea witrnB the
TeWft S~are reeeive the al"J!rsval sf the Diree;ter efParJes lIfIa Reere~eB.
Rationale: It is recommended that this condition be deleted because the Village 5 Town
Square is solely within the ownership of Tiger Development Two.
(81) Palle 15
(c) The two connector trails from Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and
shall connect to the regional trail in one location.
Rationale: This condition requires further review. Neighborhood R-U is within the
Tiger Development Two ownership. Neighborhood R-25 is within Village Development.
The reference to Open Space Lot 37 is confusing since 1 have been unable to identify
such an open space lot.
OPEN SPACE/ASSESSMENTS
(83) Palle 17
(2) Medians and parkways along East Orange Avenue (onsite and offsite), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other
street parkways proposed for maintenance by the open space district or
Homeowner's Association.
Rationale: No change in this condition recommended It is contained in this analysis
because of its reference to La Media Road. However, the referenced "maintenance" is
necessary on La Media Road regardless of Tiger Development Two development status.
(3) The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo
Ladera as detennined by the City Engineer based on the proportional benefit
received from the improvemen:s. This incJudes but is not limited to the cost of
1.k..im 1996 wdfcond doc
4
maintenance and all cost to comply with the Department of fish and 8une and
Corps of Engineers permit requirements. ..
Rationale: No changes are necessary. This condition is contained in the analysis
because of the reference to Telegraph Canyon Channel.
AGREEMENTS/FINANCIAL
(101) Page 21
The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of
ChuIa Vista, in ',vitbin either Village One el Village Fiye of SPA One of the Otay Ranch in
order to satisfy the affordable housing implementation measure contained in the approved
Otay Ranch GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement
adopted by Resolution # 1773 7. In addition, said existing agreement, dated December 1,
1994, shall be amended to permit the land dedication within eitflef- Village One" or Village
ffle,
Rationale: It is recommended that the reference to Village 5 be deleted because it has
been the City's desire to locate the three acres of affordable housing land in the first
Otay Ranch vi/lage core. If the Village 5 village core is not now mapped, Village 1
should assure the obligation.
MISCELLANEOUS
(113) Pae:e 23
The Applicant shall secure approval ef a Master Precise Plan fer the Village One and
Village five Cere Areas, prior to submitting any development proposals for commercial,
multi-family and community Purpose facility areas within SPA One Village Cores.
Rationale: No changes are necessary. Hawever, it could be argued that the reference to
the Village One village core be deleted from this condition. Hawever, since multi-family
development can occur within the Village Development ownership in Village 5
(Neighborhood R-39) and CPF development can occur within the Village Development
Village 5 village core (CPF-5), the requirement for a Master Precise Plan remains
appropriate.
(I] 8) Pae:e 24
Fully accessibJe handicap access shall be provided at the ends of the following cul-de-sacs
Artes;a Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch
Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live
Oak Street, Marion Court, Lodi Court, Larkspur Court, BuJl--Girnyoo-Dri"e,Boc~5oot
&fi.v€, Santa Lucia Road, BclIffia Street, Parker Mountain Road, Geyser.ille Street,
i'Lm 1996 wdf=nd dx
5
Esca10n Court, Sheep Ranch, PeerS6a Springs Driye. Pole Peak Read, Tl:IscaJI Spriflgs
{flWe, Meeks Bay Drive, Little LaI,e Street, Harrills Mill Avenue and Volcano Creek
Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus
Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court,
Mayfield Court, Cache Creek Road, Jedeiah Road, Kingsburg Avenue and Lassen Park
Street.
Rotio/1Qle: It is recommended that the Tiger Development Two streets be ckleted from
this concfjtion.
),tim J 996 ",,~lS;ond doc
6
Exhibit "C"
Potential Tentative Map Conditions Modifications
(Bridge location connecting Village 5 to Village 6 would no longer be in Village Developments
ownership)
28. Enter into an agreement with the City, prior to approval of the first final map, where the
developer agrees to the following:
c. Fund half of the cost of construction of the two pedestrian bridges connecting Villages One to
Village Two and Village Five to Village Six. The developer shall also identifY the
financing mechanism to be used to fund said cost.
(Bridge location between Village One and Village Five would no longer be in Village Developments
ownership)
30. Guarantee the construction ofthe pedestrian bridge connecting Village One to Village Five in
accordance 'with improvement plans approved by the City prior to approval of the final map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue. The
developer shall be solely responsible for the construction of said bridge.
42. The applicant shall submit a conceptual design for the bridge connections between Village One
and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and
approved by the Planning Director prior to approval ofthe final map that requires construction of La
Media Road between East Palomar Street and East Orange Avenue.
(This condition allows the City ample time to condemn for off site improvements)
96. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b Deposit 'With the City the estimated cost of acquiring s<lid right-of-way or easements.
Said estimate to be approved by the City Engineer.
c, Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
(This obligation should be met solely in Village I)
102. Prior to approval of the first final map (mc1uding any superblock, or financial final map) within
SPA One, and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable
Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing
Agreement (USP A One Affordable Housing Agreement") containing, but not limited to, the following
provisions: 1) the obligation to provide the total number of low and moderate income units required
under the City's Affordable Housing Program, based on the number of dwelling units contained within
the Master Tentative Map for SPA One; 2.) identifY the overall number of dwelling units within the
Master Tentative Map for which the applicant can receive final map approval prior to the applicant
selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); 3.) the number of
dwelling units within the master tentative map area which can receive building permit authorizations
prior to the applicant obtaining building permits for a specified number of the required low income
units; and 4.) a description of what information must be provided in subsequent Project Level
Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA
One Affordable Housing Agreement shall become conditions of this resolution, and is hereby
incorporated herein by this reference.
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EXHIB\T C
. City Council Workshop
Item: 6.C.3.
Meeting Date: April 30.1996
ITEM: SPA One Plan
ISSUES:
I.
Should SPA One be required to provide vehicular access ITom the
proposed roadway aligned with SI. Claire Drive to the EastLake Parcel?
Should the access be one-way or two-way?
Should SPA One be required to dedicate and improve that access?
2.
3.
BACKGROUND/DISCUSSION: EastLake Development acquired the subject parcel ITom the
Baldwin Company in a land swap (See Exhibit A). The City told EastLake at that time that the
parcel would be limited to right in and right out turning movements ITom Otay Lakes Road. The
site is designated on the General Plan as commercial office and is anticipated to have
approximately 19 usable acres after grading and reduction due to future ITeeway construction.
EastLake has requested that the City consider providing access to the site ITom the road that win
line up with SI. Claire Drive. EastLake presented a proposal which staff analyzed and found that
the proposal did not meet traffic and safety criteria (See Exhibit B). Staff has taken a preliminary
look at two other alternatives which would prO\~de access to the site.
1. Single direction providing only egress ITom the EastLake site for westbound trips (See
Exhibit C).
2. Two way access (provides ingress to the EastLake site for trips originating ITom east of
the site and egress ITom the site for westbound trips (See Exhibit D)
APPLICANT'S PROPOSAL: Develop the site as proposed for SPA One which does not provide
access to the EastLake parce1.
OTHER POSmONS: EastLake Development believes that SPA One should be required to pro\~de
full access ITom the street aligning with 51. Claire Drive to the EastLake parcel including the
requirement to construct the improvements to the subdivision boundary.
PUBLIC WORKS POSITION SPA One is contributing a significant amount of traffic to the
segment of Otay Lakes Road between St. Claire Drive and the signal just west of Eastlake
Parkway. Trips out of the EastLake parcel attempting to travel west on Otay Lakes Road would
be required to turn right and travel easterly to the first location available to make a u-turn without
access to a traffic signal. The estimated number of trips generated by the EastLake site is 5.700
Of that amount it is estimated that half or 2850 additional trips will desire to travel to the west to
that segment of Otay Lakes Road Public Works believes that the traffic from SPA One is such
that there ma,' be potential conflicts between SPA One traffic and traffic exiting the EastLake
lnan~lc (!o..:
parcel. Speed of travel on the roadway and the limited distance between the access points makes
the potential for conflicting weaving movements undesirable. .
The on!y other alternative to prevent the out of direction travel from the EastLake parcel, which
compounds the problems on Otay Lakes Road caused by SPA One traffic, would be to allow an
additional full access with a signal for the EastLake parcel on Otay Lakes Road. This would cause
severe disruption to the traffic flow, which, as indicated, is exacerbated by the additional traffic from
SP A one, and would not be pennitted. Such a signal would severe1y impact the segment's operation
with the potential for creating a situation where the Traffic Threshold Standards could be violated
because of the additional delay from another signal in this short segment.
As mitigation for the significant impact attributable to SPA One on Otay Lakes Road and to limit
potential weaving conflicts, Public Works believes that providing one way access to the EastLake
Parcel through an easement would lessen the impacts to Otay Lakes Road from SPA One traffic and
should be required. The Public Works Department believes that on!y an easement should be required
becausethat is in keeping with the level of traffic impact SPA One has on Otay Lakes Road. The area
would need to be graded with the adjacent development to assure that the roadway could be
constructed by EastLake in the future.
STAFF RECOMl\ffiNDATION: Require a 20 foot wide easement to provide access to the
EastLake parcel for egress on!y. Place a condition of approval on the tentative map rquiring the
easement if the tentative map is not changed by the applicant to reflect such an easement.
POLICY COMMITTEE RECOMl\ffiNDATION: Have the two developers work toward an
acceptable solution.
ALTERNATIVES: 1.
Do not require access to be provided to the EastLake parcel.
2. Require full access to the EastLake parcel (two directional).
PLANI'l1NG COMMISSION RECOMMENDATION: Continue to Tentative Map hearing.
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ATTACHMENT 1
VILLAGE DEVELOPMENT
RESOLUTION NO. PCS 96-04
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP
FOR OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-04
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch SPA One ("Property"),
and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
("Project"), and;
WHEREAS, an application for a revised tentative subdivision map was filed August 12, 1996,
and;
WHEREAS, said revised tentative subdivision map application requests the approval for the
subdivision of approximately 822 acres located south of Telegraph Canyon Road between Paseo
Ranchero and the future alignment ofSR-125 into 3,729 residential units, one lO-acre school site and
one proposed for the area west of Pas eo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of
community purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution'.') wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final
Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-0 I and the addendum thereto, that is
virtually identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation corridors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed revised
tentative map and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents as described in the Addendum for the revised tentative map, therefore, no
addional environmental review is necessary, and;
WHEREAS, the Planning Director set the time and place for a hearing on the tentative map
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
Planning Commission
SPA One Tentative Map
Page 2
general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the
exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the Planning Commission has previously considered EIR 95-01 and the proposed
revised tentative map is consistent with the project described therein and creates no additional
environmental impacts requiring additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution recertifying EIR
95-01 and approving the revised tentative subdivision map for Chula Vista Tract 96-04 in accordance
with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA., this 14th day of August, 1996 by the following vote:
YEs:
NOES:
ABSENT:
Frank Tarantino
Chainnan
ATTEST:
Nancy Ripley
Secretary
c:'~'d#] ,doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION
MAP FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT
96-04, AND MAKING THE NECESSARY FINDINGS,
RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT
FEIR 95-01 (SCH #95021012) AND READOPTING THE
STATEMENT OF OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE FEIR
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
("Project"), and;
WHEREAS, Village Development filed an application for a revised tentative subdivision map
on August 12, 1996, and;
WHEREAS, said application requested the approval for the subdivision of approximately 822
acres located south of Telegraph Canyon Road between Paseo Ranchero and Otay lakes Road into
3,729 residential units, 235 ac. of open space, a proposed for the area west of Paseo Ranchero, 26.5
acres of neighborhood parks and 18.5 acres of community purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by
Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP
Resolution") wherein the City Counci~ in the environmental evaluation of said GDP, relied in part on
the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH
#89010154 ("Program EIR 90-01"), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH #95021012 ("FElR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program ElR 90-01, FElR 95-01, and addendum thereto, that is
Resolution No.
Page 2
virtually identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation conidors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed
Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents therefore, no new environmental documents are necessary, and;
WHEREAS, the Planning Commission held an advertised public hearing on said project on
July 10, 1996 and recertified FEIR 95-01, voted to recommend that the City Council approve the
Tentative Map in accordance with the findings and conditions listed below and readopted the
Statement of Oveniding Considerations and the Mitigation Monitoring and Reporting Program, and;
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the
exterior boundaries of the property at least ten days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised on August 6, 1996 in the
Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed.
NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects
The City Council hereby finds that the Project, as a later activity to that evaluated in the
Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were
not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(I)),
and;
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR
The City Council hereby finds that: I. there were no changes in the project rrom the Program
EIR and the FEIR which would require revisions of said reports; 2. no substantial changes have
occurred with respect to the circumstances under which the project is undertaken since the
previous reports; 3. and no new information of substantial importance to the project has
become available since the issuance and approval of the prior reports; and that, therefore, no
new effects could occur or no new mitigation measures will be required in addition to those
already in existence and made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope of the project covered by
the Program EIR and FEIR., and, therefore, no new environmental documents are required
(Guideline 15168 (c)(2)), and;
c\ccvd#J.doc
Resolution No.
Page 3
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives
The City does hereby adopt and incorporate herein as conditions for all approvals herein
granted all applicable mitigation measures and alternatives, if any, which it has detennined, by
the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development Plan and the SPA Plan, respectively, and;
SECTION 4. Notice with Later Activities
The City Council does hereby give notice, to the extent required by law, that this Project is an
activity within the scope of the program approved earlier in the GDP Resolution and the SPA
Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA
(Guideline 15168 (e)).
SECTION 5. General Plan Findings--Conformance to the General Plan
Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative
subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in
confonnance with all the various elements ofthe City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
a. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The
project is also consistent with General Plan policies related to grading and landforms.
b. Circulation - All of the on-site and off-site public and private streets required to serve
the subdivision consist of Circulation Element roads and local streets in locations
required by said Element. The Applicant shall construct those facilities in accordance
with City standards or pay in-lieu fees in accordance with the Transportation
Development Impact Fee program.
c. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
d. Parks and Recreation - The Project will provide a 25 acre (gross) community park,
26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional
improvements as approved by the Director of Parks and Recreation. In addition, a
recreational trail system will be provided throughout the Project, ultimately connecting
with other open space areas and trail systems in the region.
e. Conservation and Open Space - The Project provides 235 acres of open space, 21.2%
of the total 1,110 acres. A program to preserve 83% ofsJopes greater than 25% has
been established ranch-wide and is detailed in the recirculated FEIR 95-01.
c\::c"d#1.doc
Resolution No.
Page 4
f Seismic Safety - No seismic faults have been identified in the vicinity of the Project.
g. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police seIVices.
h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide tenninal water storage
for this Project as well as other major project in the eastern territories.
I. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
J. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
k. Bicycle Routes - Bicycle paths are provided throughout the Project.
1. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
SECTION 6. Subdivision Map Act Findings
a. Balance of Housing Needs and Public SeIVice Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it
has considered the effect of this approval on the housing needs of the region and has
balanced those needs against the public service needs of the residents of the City and
the available fiscal and environmental resources. The development will provide for a
variety of housing types from single family detached homes to attached single-family
and multiple-family housing and will provide low and moderate priced housing
consistent with regional goals.
b. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the
optimum siting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 66473. I.
c:\ccvd;;l.doc
Resolution No.
Page 5
c. Finding Suitability for Residential Development.
The site is physically suitable for residential development and the proposal conforms to
all standards established by the City for such projects.
d. The conditions herein imposed on the grant of pennit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
SECTION 7. Conditional Approval ofTentative Subdivision Map
The City Council does hereby approve, subject to the following conditions, as Exhibit A
attached hereto the tentative subdivision map for Otay Ranch SPA One, Chula Vista Tract 96-
04.
SECTION 8. CEQAFindings
a. Re-adoption of Findings
The Council does hereby re-approve, accept as its own and re-incorporate, as if set
forth full herein, and make each and every one of the CEQ A Findings attached hereto
as Exhibit
-
b. Certain Mitigation Measures Feasible and Re-adopted
As more fully identified and set forth in the Program EIR and the FEIR and in the
CEQA Findings for this Project, which is hereby attached hereto as Exhibit ---' the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091, the mitigation measures described in the above
referenced documents are feasible and will become binding upon the appropriate entity
such as the Applicant, the City or other special districts which has to implement these
specific mitigation measures.
c. Feasibility of Alternatives
As is also noted in the environmental documents referenced in the immediately
preceding paragraph, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
d. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council hereby re-
adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as
Exhibit to this resolution and incorporated herein by reference as set forth in full
The City Council finds that the Program is designed to ensure that, during the Project
c:\ccvd#l.doc
Resolution No.
Page 6
implementation and operation, the Applicant and other responsible parties implement
the Project components and comply with the feasible mitigation measures identified in
the Findings and in the Program.
e. Statement of Overriding Considerations
Even after the re-adoption of all feasible mitigation measures, certain significant or
potentially significant environmental affects caused by the Project or cumulatively will
remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to
CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of
Overriding Considerations identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable.
SECTION 9. Notice ofDetennination
City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the County Clerk.
Presented by:
Approved as to form by:
Gerald 1. J amriska
Special Planning Projects Manager
Ann Moore
Interim City Attorney
Attachments:
Exhibit: A
C:'I(:I,."vdtt} ,doc
Resolution No.
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California,
this August 20, 1996, by the following vote:
YEs:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 20th day of August, 1996.
Executed this 20th day of August, 1996.
Beverly A. Authelet, City Clerk
c:\ccvd:;r}.cloc
ATTACHMENT lEXHffiJT.A
TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 EXCLUDING 288 ACRES
LOCA TED IN A PORTION OF VILLAGE ONE AND FIVE
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title.
GENERALlPRELIMINARY
1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. AIl of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant" .
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the city in connection with the Project.
5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City.
PC814CN1. DOCCCT!1CON .DOC
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7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996.
ENVIRONMENTAL
8. The applicant shall implement all applicable mitigation measures identified in EIR 95-0 I,
the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and
Reporting Program (Exhibit *).
9. The applicant shall comply with all applicable requirements of the Phase 2 Resource
Management Plan (RMP) as approved by the City Council on June 4, 1996.
10. Prior to approval of any final map, the appropriate in lieu fee for conveyance of land shall
be adopted by the City Council.
11. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
12. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced
with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by
the Planning Director and Fire Chief. Bollards shall be provided instead of the locking gate noted
on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker
Mountain Road), rather than adjacent to Santa Rosa Drive.
13..............Pedestrian.aeoess.shall..be..provided.between..P.areels.C-4..and.-GPF-7, ..Said.aooess..shall..be
indieated.(}fi.the.pfeeiw-.PJan.fer..the.ViUage.S.C-ore,
14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and
vary the slope plane Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
16. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final map. Materials and
PCB14CN1. DOCCCT!1CON. DOC
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color used shall be compatible and all walls located in comer side-yards or rear yards facing public
or private streets or pedestrian connections shall be constructed of a decorative masonry and/or
wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss Landing Avenue, Porterville Ct, Firebaugh Ct, Street C4, Bouquet Canyon Drive, Little
Lake...Stfeet;...S-tTawbeFl)'...yaUey...R~ad;...Mend~ta...S-tr-eet;...Paeinva...Ct,.;...S-anta..Delfifla..Ave., San
Dimas Ct., Hanford Ct., Rocklin Ct, Colton Ct, Rincon Point, Santa Inez Ave., Traver Ct,
Vernon Ct., Lindsay St, ,.......Morgan..HiU...Dr. Applegate Stand; Dunsmuir Ct, GTays~n...CL;
Greenfield Ct, Livingston I.ve, Hayford Dr., Fiddleto'llH Dr., Santa Flora Dr., Bull Cyn. Dr.,
BuekshotDr,.;..Belefla.S-L..and,CiiffI1el.Ave. View fencing shall be provided at the ends of all other
open cul-de-sacs where a sound wall is not required.
Any combination rree standing/retaining walls shall not exceed 8.5 feet in height The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and rree standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with rreestanding
walls which are six feet in height A 2-3 foot separation shall be provided between rree standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment
19. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5
20. A minimum of thirty percent of all 55 x 105 feet lots shall be provided with Hollywood
driveways. The applicant agrees to process an amendment to the Planned Community District
Regulations for SPA One to reflect said requirement
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary
PC814CN1.DOC':'CTI1CCl'J DOC
l.'!c
22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or
construct full street improvements for all on-site and off-site streets deemed necessary to provide
service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt
concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all street within SPA One.
Should the City Engineer deem that the construction of sidewalks along the off site portions of East
Orange Avenue and East Palomar Street west of Paseo Ranchero not be necessary to provide service
to the subject subdivision, their construction may be delayed.
Jf d~_em~ nece~sary by the (:ity E.ngjn~~J.h!<Jteve)Qp-~~l!1Lw:ovide a CJ,!lc.@.::.~.<t~L(D.J11-~~~sterly
end of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road: and (2) the westerly end of
Bouquet Canyon Drive. The City Engineer may approve the installation of temporary turnaround as
an alternative to a permanent cul-de-sac should conditions, at the time of development. warrant such
facjJiJy. Th~eveloPJL~all also d~QiJ:ate on tlJ.LaP.PI.QP.D~te 1iniJ,LlllilJLtlJJ;_right-of-W1!Y~CJ\J.ir~d_1Q
extend said streets to the subdivision boundary.
23. Grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained
in a lot granted to the City for open space, transportation and other public purposes. The right-of-way
shall be granted on the appropriate final map or earlier, by separate instrument, if the SR-125 rreeway
goes forward and conveyance of the right-of-way is required by the City. Include the maintenance of
said lot in an open space district until transferred to the State of California or its designee.
24. Install a fully activated traffic signal including interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
PC814CN1. DOCCCTt'CON. DOC
.1.'"
26. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected rrom the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided rrom each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund half its fair share of the cost of construction of the two pedestrian bridges
connecting Villages One to Village Two and Village Five to Village Six as determined
9Y the City Enl?ineer based on the grQP-ortionate benefit received rrom the
improvements. The developer shall also identi1)r the financing mechanism to be used to
fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
30. Guarantee the construction ofthe pedestrian bridge connecting Village One to Village Five in
accordance with improvement plans approved by the City prior to approval of the final map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue. The
developer shall be seleIy responsible for the construction of said bridge.._iimL.m~Y.m~.~.k:o._:wi1!L.1h.~
concurrence of the City, repayment rrom other benefiting property owners through a reimbursement
district._
31. In the event the Federal Government adopts ADA standards for street rights-of-way which are
in conflict with the standards and approvals contained herein, all such approvals conflicting with those
standards shall be updated to reflect those standards Unless otherwise required by federal Jaw, ; City
PCSH CNI . DOCCCTf1CCN . DOC
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ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map proposing to construct Santa Madera Avenue between
Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall
accomplish the following:
a. Obtain all permits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit fTom the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Enter into an agreement with the City where the developer agrees to:
1. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only ri~t-in/right-out access
at said intersection. This work shall be performed at such time as La
M~Qia Road b~een Telegri\l,1n Canyon RO.<.ld and East P<JJ.9Jn.,!L5Jreet
is opened for public use.
-t\). Remove to the satisfaction of the City Engineer the remall1mg
"Temporary Roadway" improvements ana the modifications to the
exi5ting..impfovement5..in..Telegraph..-Canyel1...Read.. required to close
said intersection, at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
4. Provide a Notice in the any residential disclosure document that the
"Temporary Roadway" will be closed once the permanent road connecting
Filmore Street in Village One to East Orange Avenue is opened for public use.
PC814CN1. DOCCCTf1COII. Dec
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5. Provide bonds in the amount determined by the City Engineer to guarantee the
fg.!lowing: .
a. Restoration of the median improvements and removal of the traffic
signal required to provide onlv right-in/right-out access at said
jntersection. Said bonds shall be provided prior to apI1roval of the final
map requiring the construction of La Media Road between Telegraph
Canvon Road and East Palomar Street.
______.1:L_fB,emoval of the remainingJemporary improvements requiL~d to c)g~~
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for Phase..? Village One Core
or any unit thereof.
6. Provide for all costs associated with the vacation of the "Temporary Roadway"
33. Provide the necessary modifications to the existing traffic signals including interconnect wiring
at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast anns, signal heads and associated equipment as detennined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
map, as detennined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
35. Guarantee, prior to the approval of a final map for Phase.?the Village One Core or any unit
thereof, the construction of a pennanent public road connecting Filmore Street in Village One to East
Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet
and be designed and constructed to City standards for residential streets except that it shall have a
width (curb to curb) of 26 feet and sidewalk only on one side.
36. Provide 1) twenty feet setback on driveways rrom property line to garage and 2) sectional roll-
up type garage doors at all properties rronting on streets where cul-de-sacs are 150 feet or less in
PC814CN1.DOCCCTr1COII.DOC
2'<-
length except as provided in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished :
a. The developer enters into an agreement with the City where the developer agrees to
the following:
I. Apply for an encroachment pennit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the
developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities transverse public streets.
38. Grant on the final map containing the proposed connection to EastLake Parkway (between the
two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way and other
public purposes along said connection. Prior to approval of the same map the developer shall
guarantee the construction of the following improvements within said 60-foot wide easement:
a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and
Planning Director. The improvement plans shall be prepared in such a way as to not
preclude the option of providing street improvements for vehicular access in the future.
b. Vehicular access improvements to the existing Otay Municipal Water District parcels
as determined by the City Engineer and the Otay Municipal Water District.
39. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide
easement for street right -of-way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer
PCB14CNl. DOCCCTIICOJI. DOC
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b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60-foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
40. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (I) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge connections between Village
One and Village Five which indicates materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of the final map that requires
construction of La Media Road between East Palomar Street and East Orange Avenue.
43. Requested General Waivers 1, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers I and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
44. The applicant shall submit and obtain approval ITom the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final map. The developer shall submit striping, signage and landscape plans for all traffic circles
indicated on the tentative map. In the event the traffic circles are not approved, some type of
alternative enhanced landscaping and/or entry statement at those intersections acceptable to the
City Engineer and the Planning Director shall be identified prior to approval of the first final map.
45. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
GRADING AND DRAINAGE
46. Provide a setback. as aooroved bv the Citv Engineer between the pronerty lines of the
proposed lots and the top or toe of any slope to be constructed at those locations where the
I2[QI2Q~.~g.N.(\QjJ)g.~.gj9j.!1.H!!lQ~.Y.~J.QP'~Q.P.m.P.~[\)'.QrJ)m.p_~!1)'._QWrL~Q.J2y-'Q1h~Is"
The developer shall S~ubmit notarized letters of permission to grade for all off-site grading
47. Submit a list of proposed lots indicating whether the structure will be located on fill, cut or a
transition between the two situations unless otherwise approved by the City Engineer.
PCB14CN1.DOCCC':'t1CCU.DOC
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48. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present 100-year
frequency runoff.
50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
52. Prior to approval of (I) the first final map or grading permit for land draining into the Poggi
Canyon or (2) the first final map or grading permit which requires construction of Santa Madera
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
I. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
PC814CN1.DOCCCTt1CON.DOC
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2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period offive years after rruUntenance of the facility is assumed by the
City or an open space district.
53. Enter into an agreement with the City, prior to approval of the first final map or grading permit
for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform
the following activities within the portion of said existing channel extending from Paseo Ladera to the
eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period offive years after rruUntenance of the channel is assumed by the City or an open
space district.
54. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
55. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
determined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
56. Provide a protective fencing system around (J) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and City Engineer.
57. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
58. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
PC814CN1. DOCCCTr1CON. DOC
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59. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
60. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
detennined by the City Engineer.
61. Obtain, prior to approval of the first final map, the approval of the Director of Public Works to
any amendment necessary to make the Master Drainage plan consistent with the approved Tentative
Map.
62. Prior to the installation of the regional trail, install a fence along those portions of (I) the
existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the nonnal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as detennined by the City Engineer and Director of Parks and
Recreation
63. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of
the grading plans
64. Landform grading, similar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
65. Indicate on all affected grading plans that all walls which are to be maintained by open
space districts shall be constructed entirely within open space lots dedicated to the City.
66. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange A venue/Paseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
67. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent of the required grading shall be determined by the City Engineer to: (I) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
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68. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
SEWER
69. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
70. Grant on the appropriate final map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. AIl other
easements shall meet City standards for required width.
PARKS/OPEN SP ACE/WILDLIFE PRESERVATION
General
71. 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 I, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acres/l,OOO residents)
of 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.
72. AIl 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 Director of Parks and Recreation.
73. AIl 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.
74. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s). The agreement shall include, but not be limited to, master
planning, design development phase, construction document phase and construction supervision
phase for the park sites. The construction documents shall reflect the then current requirements
of the City's Code/Landscape Manual requirements.
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75. 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.
76. The Applicant and the City shall mutually agree 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 the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
77. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements ofthe PLDO and the PFFP.
78. Pedestrian Parks (also known as mini-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 the City wide small
park credit criteria which shall be approved by the City Council.
79. Neighborhood Parks:
a. The Applicant shall pay P AD fees based on a formula of 2 acres per 1,000 residents for
the first 500 dwelling units.
b. The Applicant shall commence construction of the first neighborhood park in SPA
One, in a location determined by the Director of Parks and Recreation, no later than issuance of
the building permit for the SOOth dwelling unit.
c. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation 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 Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
d. Prior to issuance of the building permit for the I 1 50th 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.
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e. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2
acres/I,OOO residents. Applicant agrees that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term "constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-12 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
f. The 1.7 acrc Town Square in Village Five shall rcceivc 100% ncighborhooe! park credit
if..constrneted..-consistent..witb..tl1e..-criteria..contained..in..tbe..GeneTai..Development...P1aa.{Part..ll;
ChapterA)..aad..ifimpmvements..constructed..witrun.the..Towa..Square.receive.the.appmval..ofthe
Dire€tor..ofParks.and.Recreatioa,
g. The Applicant shall receive reimbursement of PAD fees, proportionate to what has
been constructed, should they deliver a turn-key park which has been constructed in accordance
with the Parks Master Plan.
80. Community Parks:
a. The Applicant shall pay PAD fees for the Community Park based upon a formula of I
acre per I, 000 residents, until such time as a turn-key facility has been accepted by the Director
of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set
forth below.
b. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. 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,l50th dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acre/I,OOO residents) shall be
satisfied through the payment of PAD fees, 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.
e. 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.
f The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit.
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g. If the Director of Parks and Recreation 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 the 2,650th unit, then the Director of Parks and Recreation
shall have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with
the City ofChula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
81. Trails/Open Space:
a. The first final map shall not be appro'{ed until the SF!. One Open Space Master Plan is
appmved.hy.the--Direet-er..ofP.ar-ks..and.Re0reation,....,'fhe..Open..Spa0e..Master..P.lan..shall..be..based
upon.the"appmved.Coneept..and..Analysi1i..Plan;.tbe.n~quirements.of.whi€h.are.-eutlined..in.tbe.City
of..ChulamVistambandwape...Manual..and.indude;mbut...are...not...limited..t-e..elementsm!iUch..ajimfinal
recreational trail alignments, design criteria, fcncing and phasing.
b. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
c. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect
to the regional trail in one location.
d. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
e. The graded section upon which the connecting trails are constructed shall be 10 feet in
width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side.
f Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
82. Communitv Gardens
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a. 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.
b. Water lines shall be stubbed trom the nearest open space water meter to the site(s) in
order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
83. Prior to the approval of the first final map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan rrom the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the fonnation of an Open Space District pursuant to the 1972 Landscaping
and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council consideration prior to approval of the first final map.
Maintenance of the open space improvements shall be accomplished by the developer
for a minimum period of one year or until such time as accepted into the open space
district by the Director of Parks and Recreation. If Council does not approve the open
space district formation, some other financing mechanism shall be identified and
submitted to Council consideration prior to approval of the first final map.
c. Submit a list of allOT A Y RANCH SPA One facilities and other items to be maintained
by the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Homeowner's Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements These lists shall include but is not limited
to the following facilities and improvements:
I. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
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the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3. The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as detennined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
cost of maintenance and all cost to comply with the Department of fish and
Game and Corps of Engineers pemrit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of fish and Game and the Corps of Engineers pemrit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
detemrined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way
at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at
the proposed connection to EastLake Parkway (between the two Otay Water
District Parcels.
d. Submit an initial deposit of $15,000 to begin the process the fonnation of the open
space district. All costs of fonnation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary infonnation and materials (e.g., exhibits, diagrams, etc.) as
detemrined by the City Engineer to prepare the engineer's report for the proposed open
space district.
84 Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City.
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85. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured ITom face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
86. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modifY or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
87. Agree to not protest fonnation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
88. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
89. Provide documentation, prior to the approval of the first final map, to the Director of Planning
and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved
by the Sweetwater High School District and the Chula Vista Elementary School District has been
established to provide for construction of schools.
90. 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. The developer shall receive 100% credits towards
future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost
of revising the PFDIF shall be borne by the developer.
WATER
91. Provide to the City a letter ITom Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
92. Present verification to the City Engineer in a fonn of a letter fTom Otay Water District that the
subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
93. Grant to the City a 10' wide easement for general utility purposes along public street fTontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
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94. Indicate on the final map a reservation of easements to the future Homeowners' Association
for private stonn drain and private sewer facilities within open space lots as directed by the City
Engineer.
95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the
installation of the required improvements. The developer shall also provide easements for all on-site
and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities
necessary to provide service to the subject subdivision.
96. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as detennined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
98. Grant to City on the appropriate final map two foot access easements along the rear and side
property line oflots adjoining walls to be maintained by the open space district. The locations of these
easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
AGREEMENTS/FINANCIAL
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99. Enter into an supplemental agreement with the City, prior to approval of each final map, where
the developer agrees to the following:
a. That the City may withhold building pennits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. That the City may withhold building pennits for any of the phases of development
identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the
required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
c. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
d. Hold the City harrnless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are pennitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of
the franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
f. Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land
used for private streets without approval of 100% of all the HOA members
100. Enter into an supplemental agreement with the City prior to approval of the first final map,
where the developer agrees to the following:
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a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the fonnation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
101. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of
Chula Vista, within either.Village One ornYillagenFiveof SPA One of the Otay Ranch in order to
satisfy the affordable housing implementation measure contained in the approved Otay Ranch
GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by
Resolution # 1773 7. In addition, said existing agreement, dated December I, 1994, shall be
amended to permit the land dedication within either. Village One.(}f.YiUage.Pive.
102. Prior to approval of the first final map (including any superblock, or financial final map)
within SPA One, and consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable
Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to,
the following provisions: I) the obligation to provide the total number of low and moderate
income units required under the City's Affordable Housing Program, based on the number of
dwelling units contained within the Master Tentative Map for SPA One; 2.) identify the overall
number of dwelling units within the Master Tentative Map for which the applicant can receive
final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction,
final affordable housing site(s); 3.) the number of dwelling units within the master tentative map
area which can receive building permit authorizations prior to the applicant obtaining building
permits for a specified number of the required low income units; and 4.) a description of what
information must be provided in subsequent Project Level Affordable Housing Agreements.
Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing
Agreement shall become conditions of this resolution, and is hereby incorporated herein by this
reference.
103. The Applicant shall pay, prior to approval of the first final map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the I-80S Freeway.
SCHOOLS
104. The applicant shall prepare and submit an application for an amendment to the Otay Ranch
General Development Plan replacing the Village Seven High School location with a site in either
the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The
City shall not issue building permits for more than 1,400 units within SPA One until the City has
acted on the proposed plan amendment unless the District consents to the further issuance of such
permits. 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) or upon written request by the District not
prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire
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Department. This schedule is subject to modification by the School District as based on District
facility needs.
105. 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.
106. 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 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.
107. 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
(1,350 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.
MISCELLANEOUS
108. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
tenns and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes of land used for private streets will require prior written approval of
100"10 of all the Homeowners' Association members.
109. Submit copies of Final Maps and improvement plans in a digital fonnat such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the infonnation in accordance with the
City Guidelines for Digital Submittal in duplicate on 5- 1/4" HD or 3- 1/2" disks prior to the approval of
each Final Map.
110 Tie the boundary of the subdivision to the California System -Zone VI (1983).
Ill. The developer 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.
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All super blocks lots created shall have access to a dedicated public street.
Bonds in the amounts detennined by the City Engineer shall be posted 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 multiple family lots shown on
the tentative map.
112. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village
Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map, as determined by the Planning Director and City Engineer.
113. 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.
114. 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 ofthe 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.
115. The owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating tTom the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
116. The applicant shall submit copies of any proposed C. C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final map.
117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an
easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation
of each final map for an amount of land equal to the final map's obligation to convey land to the
Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of
any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or
an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating
that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat
PCB14CN1. DOCCCTt1Con. DOC
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Maintenance District has generated sufficient revenues to enable the POM to assume maintenance
responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM.
118. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, CaJistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Blill.Omyen.Drive;..BaelGhet.Drive, Santa Lucia Road, BeIlena..StFeet, Parker
Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Pearoon..Springs.Dfi.ve;..Po\i}..Peak
Road;.-Tuscafl.-Springs.Drive, Meeks Bay Drive, bittle.bake-.Street, Harrills Mill Avenue and Volcano
Creek Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
119. The CPF-2 site located within Village One, shall be considered a floating designation and shall ..
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
PHASING
120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) 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.
121. 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 1) 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
PC814CN1. DOCCCTI1CON. DOC
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Affordable Housing Plan. The study shall be undertaken prior to issuance of the I I 50th building
pennit and shall be submitted for approval by the Planning Director and City Engineer prior to the
issuance of the 1,401 st building pennit.
The Applicant shall enter into an agreement with the City, prior to the approval of the first final
map, in which the Applicant agrees to implement the results of said study as detennined by the
City Council. If the Applicant fails to implement the results of the study as directed by City
Council, the City Council may take such actions as it deems necessary, including but not limited
to withholding building pennits.
122. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement
construction should conditions change to warrant such a revision.
123. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area.. Throughout the build-out of SPA One, actual development may differ ITom the
assumptions contained in the PFFP (i.e., the development ofEastLake ill). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
With the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. The SPA One PFFP, at Applicant's
expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after
approval of a PFFP for the EastLake ill GDP Area, and the conclusions of such update, including
without limitation, the nature, sizing, extent and timing for the construction of public facilities caused
by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and
final maps.
CODE REQUIREMENTS
124. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the
Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual
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125. Underground all utilities within the subdivision In accordarlce with Municipal Code
requirements.
126. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
[ Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
Pay the amount of said fees in effect at the time of issuance of building permits.
127. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
128. Ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
fonn for approval by the City Engineer prior to Final Map approval.
129. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed.
130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
131. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual.
132. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (I 9.0904), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
PCBl4CN1. DOCCCTr1CON. DOC
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The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
133. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
134. The applicant shall apply for and receive a take permit ITom the appropriate resource
agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the
property.
135. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
GATED AREAS
The following conditions will be included in the final Resolution only if the City Council
specifically approves the gated concept.
136. Any gates proposed on the tentative tract map are not considered to be approved unless
and until specifically approved by the City Council.
137. Parks located within gated areas shall not receive park credit.
13 8. Include all private streets in separate lots. Provide on the Final Map a certificate granting to
the City a public utility easement over the entire private street lots.
139. Designate all streets within gated communities as private. Design of said streets shall meet the
City standards for public streets unless otherwise approved by the City Engineer. Private street cross
sections shall confonn to those shown on the Tentative Map.
140. Provide at all private streets with controlled access, the following features:
a. Gates as approved by the City Engineer and the Planning Director. Gates shall be
located to provide sufficient room on the private roadway to queue without
inteffilpting traffic on public streets.
b A turn around at the location of the gate. The size and location of said turn around
shall be approved by the City Engineer.
PCB14CNl.DOCCCT!1CON.DOC
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c. A border between public street and private street delineated through the use of
distinctive pavements.
d. Provisions shall be made for emergency vehicle access as directed by the Police Chief
and Fire Marshall, including but not limited to proposals for staffing, "opticon" or
keypad system.
e. A dedicated parking space for the gate attendant.
141. Include the right-of-way for any private portion of the "Temporary Roadway" (Santa Madera
Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate
final map, grant said lot in fee to the City for open space and other public uses and include language in
the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map
Act provides that an offer of dedication shall remain open and subject to future acceptance by the City.
The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded
and the open space lot accepted at such time as a public road connecting Filmore Street in Village One
to East Orange Avenue is opened for public use.
PC814CN1. DOCCCTtICON. DOC
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ATTACHMENT 2
VILLAGE ONE ONLY
RESOLUTION NO, PCS 96-04
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP
FOR VILLAGE ONE OF THE OT A Y RANCH SPA ONE, CHULA
VISTA TRACT 96-04
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Village One of the Otay Ranch SPA
One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
("Project"), and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 12,
1996, and;
WHEREAS, said application requests the approval for the subdivision of approximately 822
acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of
SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west of Pas eo
Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final
Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01 and the addendum thereto, that is
virtually identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation corridors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed
Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents therefore, no new environmental documents are necessary, and;
WHEREAS, the Planning Director set the time and place for a hearing on the tentative map
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and tenants within ],000 feet of the
exterior boundaries of the property at least ] 0 days prior to the hearing, and;
Planning Commission
SPA One Tentative Map
Page 2
WHEREAS, the Planning Commission has previously considered EIR 95-01 and the proposed
tentative map is consistent with the project described therein and creates no additional environmental
impacts as indicated in the Addendum.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution recertifying EIR
95-01 and approving the Tentative Subdivision Map for Village One only of Chula Vista Tract 96-04
in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 14th day of August, 1996 by the following vote:
YES:
NOES:
ABSENT:
Frank Tarantino
Chainnan
ATTEST:
Nancy Ripley
Secretary
c:\pc'\il#J.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TENTATIVE SUBDIVISION
MAP FOR VILLAGE ONE OF THE OTAY RANCH SPA ONE,
CHULA VISTA TRACT 96-04, AND MAKING THE
NECESSARY FINDINGS, RECERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH
#95021012) AND READOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ("Property"), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
("Project"), and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 12,
1996, and;
WHEREAS, said application requested the approval for the revised subdivision of
approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the
future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for
the area west of Paseo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community
purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by
Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP
Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on
the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
("Program EIR 90-01"), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and;
Resolution No.
Page 2
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is
virtually identical in all relevant respects, including lot size, lot nwnbers, lot configurations,
transportation corridors, etc., to the project descriptions in said fonner environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed
Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related
environmental docwnents and determined that an Addendwn was necessary, and;
WHEREAS, the Planning Commission held an advertised public hearing on said project on
August 14, 1996 and recertified FEIR 95-0 I, voted to recommend that the City Council approve the
Tentative Map in accordance with the findings and conditions listed below and readopted the
Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and;
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the
exterior boundaries of the property at least ten days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996 in
the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter
closed.
NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects
The City Council hereby finds that the Project, as a later activity to that evaluated in the
Program EIR 90-0 I, FEIR 95-01, and addendum thereto, would have no new effects that were
not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)),
and;
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR
The City Council hereby finds that: 1) there were no changes in the project rrom the Program
EIR and the FEIR which would require revisions of said reports; 2) no substantial changes
have occurred with respect to the circumstances under which the project is undertaken since
the previous reports; 3) and no new infonnation of substantial importance to the project has
become available since the issuance and approval of the prior reports; and that, therefore, no
new effects could occur or no new mitigation measures will be required in addition to those
already in existence and made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope of the project covered by
the Program EIR and FEIR, and, therefore, no new environmental documents are required
(Guideline 15168 (c)(2)), and;
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Resolution No.
Page 3
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives
The City does hereby adopt and incorporate herein as conditions for all approvals herein
granted all applicable mitigation measures and alternatives, if any, which it has detennined, by
the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development Plan and the SPA Plan, respectively, and;
SECTION 4. Notice with Later Activities
The City Council does hereby give notice, to the extent required by law, that this Project is an
activity within the scope of the program approved earlier in the GDP Resolution and the SPA
Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA
(Guideline 15168 (e)).
SECTION 5. General Plan Findings--Conformance to the General Plan
Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative
subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in
conformance with all the various elements of the City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
a. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The
project is also consistent with General Plan policies related to grading and landforms.
b. Circulation - All of the on-site and off-site public and private streets required to serve
the subdivision consist of Circulation Element roads and local streets in locations
required by said Element. The Applicant shall construct those facilities in accordance
with City standards or pay in-lieu fees in accordance with the Transportation
Development Impact Fee program.
c. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
d. Parks and Recreation - The Project will provide a 25-acre (gross) community park,
26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional
improvements as approved by the Director of Parks and Recreation. In addition, a
recreational trail system will be provided throughout the Project, ultimately connecting
with other open space areas and trail systems in the region.
e. Conservation and Open Space - The Project provides 235 acres of open space, 21.2%
of the total 822 acres. A program to preserve 83% of slopes greater than 25% has
been established ranch-wide and is detailed in the recirculated FEIR 95-01.
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Resolution No.
Page 4
f Seismic Safety - No seismic faults have been identified in the vicinity of the Project.
g. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police seIVices.
h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other major project in the eastern tenitories.
I. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
J. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
k. Bicycle Routes - Bicycle paths are provided throughout the Project.
1. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
SECTION 6. Subdivision Map Act Findings
a. Balance of Housing Needs and Public SeIVice Needs.
Pursuant to Section 664123 of the Subdivision Map Act, the Council certifies that it
has considered the effect of this approval on the housing needs of the region and has
balanced those needs against the public seIVice needs of the residents of the City and
the available fiscal and envirorunental resources. The development will provide for a
variety of housing types rrom single family detached homes to attached single-family
and multiple-family housing and will provide low and moderate priced housing
consistent with regional goals.
b. Opportunities for Natural Heating and Cooling Incorporated
The configuration, orientation and topography of the site partially allows for the
optimum siting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 664 73.1.
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Resolution No.
Page 5
c. Finding Suitability for Residential Development.
The site is physically suitable for residential development and the proposal conforms to
all standards established by the City for such projects.
d. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
SECTION 7. Conditional Approval of Tentative Subdivision Map
The City Council does hereby approve, subject to the following conditions, as Exhibit A
attached hereto the tentative subdivision map for Otay Ranch SPA One, Chula Vista Tract 96-
04.
SECTION 8. CEQA Findings
a. Re-adoption of Findings
The Council does hereby re-approve, accept as its own and re-incorporate, as if set
forth full herein, and make each and every one of the CEQ A Findings attached hereto
as Exhibit _
b. Certain Mitigation Measures Feasible and Re-adopted
As more fully identified and set forth in the Program EIR and the FEIR and in the
CEQA Findings for this Project, which is hereby attached hereto as Exhibit ---' the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091, the mitigation measures described in the above
referenced documents are feasible and will become binding upon the appropriate entity
such as the Applicant, the City or other special districts which has to implement these
specific mitigation measures.
c Feasibility of Alternatives
As is also noted in the environmental documents referenced in the immediately
preceding paragraph, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
d. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council hereby re-
adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as
Exhibit _ to this resolution and incorporated herein by reference as set forth in full
The City Council finds that the Program is designed to ensure that, during the Project
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Resolution No.
Page 6
implementation and operation, the Applicant and other responsible parties implement
the Project components and comply with the feasible mitigation measures identified in
the Findings and in the Program.
e. Statement ofOveniding Considerations
Even after the re-adoption of all feasible mitigation measures, certain significant or
potentially significant environmental affects caused by the Project or cumulatively will
remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to
CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of
Oveniding Considerations identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable.
SECTION 9. Notice of Determination
City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the County Clerk.
Presented by:
Approved as to form by:
Gerald 1. J amriska
Special Planning Projects Manager
Ann Moore
Interim City Attorney
Attachments:
Exhibit A
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Resolution No.
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
August 20, 1996, by the following vote:
YEs:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 20th day of August, 1996.
Executed this 20th day of August, 1996.
Beverly A. Authelet, City Clerk
c:''Ccvil#l,doc
EXHffiITA ATTACHMENT 2
TENTATIVE MAP - OTAY RANCH VILLAGES! ~
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as detennined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title.
GENERAL/PRELIMINARY
1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Faciliries Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modificarions by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant".
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modifY all approvals herein granted including issuance of building pennits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute lirigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnifY, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the city in connection with the Project.
5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City.
PC8l4CON. DOCCCTr1CON. DOC
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7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996.
ENVIRONMENTAL
8. The applicant shall implement all applicable mitigation measures identified in EIR 95-01,
the CEQA findings of fact for this Project (Exhibit *) and the Mitigation Monitoring and
Reporting Program (Exhibit *).
9. The applicant shall comply with all applicable requirements of the Phase 2 Resource
Management Plan (RMP) as approved by the City Council on June 4, 1996.
10. Prior to approval of any final map, the appropriate in lieu fee for conveyance ofland shall
be adopted by the City Council.
11. The Applicant shall comply with any applicable requirements of the California Department
of fish and Game, the U.S. Department of fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
1.2,...........The..-see-ondary...aooess..ifl..the-..seuthem..pertiofl..-of.Neighooroood..R-30..shall...be..-surfaeed
with "grass crete", "turf block" EJr some otller comparable material unless othenvise approved by
the.Plallfling.Dife€tof.and..Pire.Chief....Bellar-ds..shall..be.pr-ovided..instead.-of.the..looking.gate.noted
en..the..map'.......The..boJlard-s...shalJ...be...looated..do5ef...te..the..temHflus.-o[..the...cu!-de-sao..<Pafkef
M-ountaifl.R-oad);--father.thilfl..adjacenH-o..SantaResaDrive,.
1.3-,...........P-edestnilfl..ae€es-s.-shall.he-.pmvided..between.Parce!s..C-4.afld..CPP-7.....Said..a€oess.-shall.be
indicated..onthe.Pr-ecise.Plan.for..theVillage-S.Core,
14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval ofthe appropriate final
map.
15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and
vary the slope plane Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
16. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final map. Materials and
color used shall be compatible and all walls located in corner side-yards or rear yards facing public
PC814CON. DOCCCTIICOII. DOC
.l-&
or private streets or pedestrian connections shall be constructed of a decorative masonry and/or
wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss-..Lmding..Avenue;..PorteFVille..Ct,.;mFtr.ooaugh.-Gt"mStr-eet..C4;..&uquet..Cmyon..Drive;..Little
Lake Street, Strawberry Valley Road, Mendota Street, Pacifica Ct., Santa Delfina Ave., San
Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct.,
Vernon Ct., Lindsay St., Morgan Hill Dr., Applegate St., Dunsmuir Ct., Grayson Ct., Greenfield
Ct., Livingston Ave., Hayford Dr., Fiddletown Dr., Santa Flora Dr., Bull Cyn. Dr., Buckshot Dr.,
Belena St. and Carmel Ave. View fencing shall be provided at the ends of all other open cul-de-
sacs where a sound wall is not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and free standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2-3 foot separation shall be provided between free standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
19. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots shall be provided with Hollywood
driveways. The applicant agrees to process an amendment to the Planned Community District
Regulations for SPA One to reflect said requirement.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary.
PCB14CON. DOCCCTrKO!1. DOC
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22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or
construct full street improvements for all on-site and off-site streets deemed necessary to provide
service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt
concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall confonn to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of detennining
the appropriate design standards for all street within SPA One.
Should the City Engineer deem that the construction of sidewalks along the offsite portions of East
Orange Avenue and East Palomar Street west of Paseo Ranchero not be necessary to provide service
to the subject subdivision, their construction may be delayed.
If deemed nece~~MY..by t~.Q!y EnW1:L the deveIQp.~h<!!Lwovjde a cul-de-sac at the easterly end
of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road. The City Engineer may approve the
installation of temporary turnaround as an alternative to a pennanent cul-de-sac should conditions. at
the time of development warrant such facility. The developer shall also dedicate on the appropriate
final.1P-AP~.he righl-of-w~uir:~g.!Q ext~mLsaiQ.~treets tQJhe_s.Y.hdi\Ci~Q!).1>Ql!l)g~
23. In accordance with the Pre-Annexation Development Agreement the developer shall Ggrant to
the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public purposes. The right-of-way shall be granted
as such time as requested by the City. onthe..apprepriate.finaJ..map.Qf.earlier..;.by..separnt-e.instrument;..if
theSR-125..fteeway.goesf{,)IWar-d.and'OOIlveyanc-e.ef.the.right-ef-way.is-r-t~quir-ed..by.theCity....fue1ude
tbe..maintenanre.ef.said..let.ia..an..epen..spare.distriet.unril..transferred..t{').the..Stat-e.{')f.Ca!if{')rma.{')r..its
designee.
24. Install a fully activated traffic signal including interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans.
PC814CON. DOCCCTtICGN. DOC
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26. Design all vertical and horizontal curves and intersection sight distances to confonn to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit
c. Fund lliUf its fair share of the cost of construction of the two pedestrian bridges
connecting Villages One to Village Two and Village Five to Village Six. <iJiAetermineg
by the City Engineer based on the proportionate benefit received from the
improvement The developer shall also identifY the financing mechanism to be used to
fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
30. Guarantee the construction of the pedestrian bridge connecting Village One to Village Five in
accordance with improvement plans approved by the City prior to approval of the final map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue. The
developer shall be solely... responsible for the construction of said bridge and may seek, with the
concurrence of the City. repayment from other benefiting propertv owners through a reimbursement
district
31. 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
PC814CON.DOCCCTfOCOl!.DOC
2~
standards shall be updated to reflect those standards. Unless otherwise required by federal law, , City
ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map proposing to construct Santa Madera Avenue between
Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall
accomplish the following:
a. Obtain all penruts and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction penrut rrom the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c, Enter into an agreement with the City where the developer agrees to:
I. perfonn the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only right-inlright-out access
at said intersection. This work shall b~rfo!lJled at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
b. Remove to the satisfaction of the City Engineer the remammg
"Temporary Roadway" improvements andnthe.nmodiiicatiensnton.the
existing'1mprovementsnin.TelegraphnCanYGn.Roadn required to close
said intersection, at such time as a pennanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be closed once the pennanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
4. Provide a Notice in the any residential disclosure document that the
"T emporary Roadway" will be closed once the pennanent road connecting
Filmore Street in Village One to East Orange Avenue is opened for public use
PC814CON.DOCCCTr1CON.DOC
2.~
5. Provide bonds in the amount determined by the City Engineer to guarantee the
following:
a. Restoration of the median improvements and removal of the traffic
signal required to provide only ril!ht-in/right-out access at said
intersection. Said bonds shlJll be provided prior to ap]roval of the. final
map requiring the construction of La Media Road between Telegraph
Canvon Road and East Palomar Street.
b. fRemoval of the remaining temporary improvements required to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for ..Phase.:] Village One Core
-or any unit thereof
6. Provide for all cost associated with the vacation of the "Temporary Roadwav".
33. Provide the necessary modifications to the existing traffic signals including interconnect wiring
at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast anus, signal heads and associated equipment as determined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
35. Guarantee, prior to the approval of a final map for Village One Core Phase..? or any unit
thereof, the construction of a pennanent public road connecting Filmore Street in Village One to East
Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet
and be designed and constructed to City standards for residential streets except that it shall have a
width (curb to curb) of 26 feet and sidewalk only on one side.
36. Pro\~de I) twenty feet setback on driveways fTom property line to garage and 2) sectional roll-
up type garage doors at all properties fTonting on streets where cul-de-sacs are 150 feet or less in
PC814CON. DOCCCTI1con. DOC
26
length except as provided in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished :
a. The developer enters into an agreement with the City where the developer agrees to
the following:
I. Apply for an encroachment pennit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
perfonned in the area.
The tenus of this agreement shall be binding upon the successors and assigns of the
developer.
b. Shutoff devices as detennined by the City Engineer are provided at those locations
where private facilities transverse public streets.
J8,...........-Grant.en..the.4ina!.map-.eentaining-the.prepe5ecloonneetiBn.t0.EastLake.ParkwaY"Ebetween.the
two existing Otay Water District parcels) a eO fOot .....ide easement for street right of way and other
publie...pliFp0ses...aJeng...said...oonnectien,.......Prier..t0..-approvaJ...0f...the...same..m-ap...the..develeper...shall
gaaranteethe.censtructien'0f.the.fellewing.impr0vementJi.wiiliin.1iaid.60-fe0t.wide.easement.,
a. Pedestriar~ cart ana bicycle improvements as determined by the City Engffieer and
Planning..Dirooer,....The.impr0vement..p!ans..shall.be..prepared..in..sueh..a.way.as..t0..net
precludethe.eptiefl'0f.previding.street.improvementJi.feFvelOOular..aeeesJi.in.the..furure,
b. Vehieular acce3S imfJr-evements to the eJQ3ting Otay Municipal Water District parcels
as.determined.by.the.City.Engmeer.and.tbeOtayMtmicipal.WaterDistrict,
39. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide
easement for street right -of-way and other public purposes. The paseo improvements shall be
constructed within said easement Prior to approval of the same final map the developer shall
accomplish the following
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer.
PC814CON.DOCCCTt1CON.BGC
f-6-
b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60-foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
40. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge connections between Vil1age
One and Vil1age Five which indicates materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of the final map that requires
construction of La Media Road between East Palomar Street and East Orange Avenue.
43. Requested General Waivers 1, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
44. The applicant shall submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final map. The developer shall submit striping, signage and landscape plans for all traffic circles
indicated on the tentative map. In the event the traffic circles are not approved, some type of
alternative enhanced landscaping and/or entry statement at those intersections acceptable to the
City Engineer and the Planning Director shall be identified prior to approval ofthe first final map.
45. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
GRADING AND DRAINAGE
46. Provide a setback. as aDD roved by the City Engineer. between the proDerty lines of the
proposed lots and the top or toe of any sloDe to be constructed at those locations where the
PIQPQ.sed.grJ!.g!.DgJ!.djQj'!)Hm(t~y'.~!.QP'.~g..P.r.Q.R~rtY_9..LR[QQ~!:!Y..9}Y!}~9.J:1Y..Q!b.~.r.~,
The developer shall S~ubmit notarized letters of permission to grade for all off-site grading.
47. Submit a list of proposed lots indicating whether the structure will be located on fill, cut or a
transition between the two situations unless otherwise approved by the City Engineer.
PC814CON. DOCCCTI1CO!!. DOC
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48. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the present 100-year
ftequency runoff.
50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for
stormdrain lines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
52. Prior to approval of (1) the first final map or grading permit for land draining into the Poggi
Canyon or (2) the first final map or grading permit which requires construction of Santa Madera
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
1. Runoff detentionldesilting basin and naturaJized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wtldlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district
PC814CON. DOCCCTl1con. DOC
.lQf,
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (mcluding detention basins) until all upstream grading within the
development is comp1eted and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the deve10pment for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
53. Enter into an agreement with the City, prior to approval of the first final map or grading permit
for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform
the following activities within the portion of said existing channel extending from Paseo Ladera to the
eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period of five years after maintenance of the channel is assumed by the City or an open
space district.
54. Ensure that brow channels and ditches emanating ftom and/or running through City Open
Space are not routed through private property and vice versa.
55. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
determined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
56. Provide a protective fencing system around (1) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and City Engineer.
57. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
58. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins.
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
PC814CON. DOCCCTl1CON. DOC
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59. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
60. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
determined by the City Engineer.
61. Obtain, prior to approval of the first final map, the approval of the Director of Public Works to
any amendment necessary to make the Master Drainage plan consistent with the approved Tentative
Map.
62. Prior to the installation of the regional trail, install a fence along those portions of (1) the
existing maintenance access roads along the Telegraph Canyon Channe~ and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the normal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
63. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of
the grading plans
64. Landform grading, similar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
65. Indicate on all affected grading plans that all walls which are to be maintained by open
space districts shall be constructed entirely within open space lots dedicated to the City.
66. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange AvenuefPaseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
67. The grading plans for the intersection at East Orange AvenuelPaseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection. The elevations and
extent of the required grading shall be determined by the City Engineer to: (1) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location
PC814CON. DOCCCTI1C:ON. DOC
12.6
68. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
SEWER
69. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
70. Grant on the appropriate final map a 20 feet mmrmum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
PARKS/OPEN SPACEIWILDLIFE PRESERVATION
General
71. 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 I, 000 residents. Local parks are comprised of community
parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acresll,OOO residents)
of 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.
72. 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 Director of Parks and Recreation.
73. 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.
74. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant( s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s). The agreement shall include, but not be limited to, master
planning, design development phase, construction document phase and construction supervision
phase for the park sites. The construction documents shall reflect the then current requirements
of the City's CodelLandscape Manual requirements.
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75. 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.
76. The Applicant and the City shall mutually agree 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 the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
77. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements ofthe PLDO and the PFFP.
78. Pedestrian Parks (also known as mini-Darks): 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 the City wide small
park credit criteria which shall be approved by the City Council.
79. Neighborhood Parks:
a. The Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for
the first 500 dwelling units.
b. The Applicant shall commence construction of the first neighborhood park in Villa~
One SPA.One, in a location determined by the Director of Parks and Recreation, no later than
issuance of the building permit for the 500th dwelling unit.
c. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation 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 Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
d. Prior to issuance of the building permit 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.
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e. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2
acresll,OOO residents. Applicant agrees that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term "constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-12 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
f TIle 1. 7 acre To',vn SqHare in Village Five shall receive 100% neighborhood parle credit
if..eoo5trueted..-oonsistent..with..tlw..eriteria..eentained..in..the..General..Deve!epment...P~an..(Part..ll;
Chapter.4)..and..if..impmvements..con5trueted..within.the.Town..Squafe'feceive.tbe.approval..of..the
Difeetof..of..Pafk5.afld.Reefeation,
g. The Applicant shall receive reimbursement of PAD fees, proportionate to what has
been constructed, should they deliver a turn-key park which has been constructed in accordance
with the Parks Master Plan.
80. Community Parks:
a. The Applicant shall pay PAD fees for the Community Park based upon a formula of 1
acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director
of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set
forth below
b. The first Otay Ranch Community Park, to satisfY SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. 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, l50th dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acrell,OOO residents) shall be
satisfied through the payment of PAD fees, 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
e. The Applicant shall commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,OOOth dwelling unit. Second phase
improvements shall include recreational amenities as identified in the Park Master Plan.
f The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit.
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g. If the Director of Parks and Recreation 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 the 2,650th unit, then the Director of Parks and Recreation
shall have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with
the City ofChula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park.
Master Plan.
81. Trails/Open Space:
a. The first final map shall Rot be approved ulltil the SP ,-\ ORe OpeR Space Master Plan is
appr-eved..13y..the--Difeet-er..of.P.arks..ana.Reer-eatioll,....The..Opell..8paee.Master..P.lall..shaH..be-.based
upon.the..appr-evea.-Goneept.ana..Analysi5..Plan;.-therequirements.-ef-w!llcbare.-eutlined.in.-the.-Gity
-ef.-Ghula..Vista.--bandwape...Manual...and..inelude;...but..are...not...limited...t-e..-elements...such...as...final
recreational trail alignments, design criteria, fencing and phasing.
b. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
c,.......The-..twe..-oonneetor....tmils...ff-om..Neighb-erhooo5..R-24..and...R-2S..in..VilIag-e..Five...to
Telegraph..CanYOII.Roaa.shaH..be.c-embined..into.one.-trail.in.-Open..8.pace..Lot.3-1..and'5hall.conneet
t-e.the'n~gional.trail.ill.-one.loeation,.
d. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
e. The graded section upon which the connecting trails are constructed shall be 10 feet in
width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side.
f Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
82. Communitv Gardens:
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a. 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.
b. Water lines shall be stubbed rrom the nearest open space water meter to the site(s) in
order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
83. Prior to the approval of the first final map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan rrom the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District pursuant to the 1972 Landscaping
and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council consideration prior to approval of the first final map.
Maintenance of the open space improvements shall be accomplished by the developer
for a minimum period of one year or until such time as accepted into the open space
district by the Director of Parks and Recreation. If Council does not approve the open
space district formation, some other financing mechanism shall be identified and
submitted to Council consideration prior to approval of the first final map.
c. Submit a list of all OTAY RANCH SPA One facilities and other items to be maintained
by the proposed district Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Homeowner's Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements These lists shall include but is not limited
to the following facilities and improvements:
1. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping. Each open space lot shall also be broken down by
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the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof
2. Medians and parkways along East Orange Avenue (onsite and offsite), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site ) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3 . The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturaJized Telegraph Canyon Channel east of
Paseo Ladera as determined by the City Engineer based on the proportional
benefit received from the improvements. This includes but is not limited to the
cost of maintenance and all cost to comply with the Department of Fish and
Game and Corps of Engineers permit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers permit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
determined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way
aHhe.fullowing-.looations'-{I) between Neighborhoods R-8 and R-9~,.and{2}at
the..proposed..oonnection.to.EastLake.Parkway.{between.the..two-.Otay.Water
Distri"t.p.aree1so'
d. Submit an initial deposit of $15,000 to begin the process the formation of the open
space district. All costs off ormation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as
determined by the City Engineer to prepare the engineer's report for the proposed open
space district
84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City.
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85. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured rrom face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
86. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modifY or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
87. Agree to not protest formation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
88. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each ofthe lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477.2(a) ofthe Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
89. Provide documentation, prior to the approval of the first final map, to the Director of Planning
and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved
by the Sweetwater High School District and the Chula Vista Elementary School District has been
established to provide for construction of schools.
90. 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. The developer shall receive 100% credits towards
future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost
of revising the PFDIF shall be borne by the developer.
WATER
91. Provide to the City a letter rrom Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
92. Present verification to the City Engineer in a form of a letter from Otay Water District that the
subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
93. Grant to the City a 10' wide easement for general utility purposes along public street rrontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer.
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94. Indicate on the final map a reservation of easements to the future Homeowners' Association
for private storm drain and private sewer facilities within open space lots as directed by the City
Engineer.
95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the
installation of the required improvements. The developer shall also provide easements for all on-site
and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities
necessary to provide service to the subject subdivision.
96. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer
98. Grant to City on the appropriate final map two foot access easements along the rear and side
property line oflots adjoining walls to be maintained by the open space district. The locations ofthese
easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of silld walls.
AGREEMENTS/FINANCIAL
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99. Enter into an supplemental agreement with the City, prior to approval of each final map, where
the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. 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 facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
c. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
d. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting rrom this project.
e. Ensure that all rranchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of
the franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land
used for private streets without approval of 100% of all the HOA members.
100 Enter into an supplemental agreement with the City prior to approval of the first final map,
where the developer agrees to the following:
PC814CON. Docccn1CC!1. DOC
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a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
101. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of
Chula Vista, within either Village One or-.ViIlage..Five of SPA One of the Otay Ranch in order to
satisfy the affordable housing implementation measure contained in the approved Otay Ranch
GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by
Resolution #17737. In addition, said existing agreement, dated December 1, 1994, shall be
amended to permit the land dedication within either Village One or Village Five.
102. Prior to approval of the first final map (including any superblock, or financial final map)
within SPA One, and consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable
Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to,
the following provisions: 1) the obligation to provide the total number of low and moderate
income units required under the City's Affordable Housing Program, based on the number of
dwelling units contained within the Master Tentative Map for SPA One; 2.) identify the overall
number of dwelling units within the Master Tentative Map for which the applicant can receive
final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction,
final affordable housing site(s); 3.) the number of dwelling units within the master tentative map
area which can receive building permit authorizations prior to the applicant obtaining building
permits for a specified number of the required low income units; and 4.) a description of what
information must be provided in subsequent Project Level Affordable Housing Agreements.
Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing
Agreement shall become conditions of this resolution, and is hereby incorporated herein by this
reference.
103. The Applicant shall pay, prior to approval of the first final map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
SCHOOLS
104. The applicant shall prepare and submit an application for an amendment to the Otay Ranch
General Development Plan replacing the Village Seven High School location with a site in either
the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The
City shall not issue building permits for more than 1,400 units within SPA One until the City has
acted on the proposed plan amendment unless the District consents to the further issuance of such
permits. 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) or upon written request by the District not
prior to 1,800 permits The all weather access road shall also be acceptable to the Fire
PC814CON.DOCCCTI1CO!!.DOC
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Department. This schedule is subject to modification by the School District as based on District
facility needs.
105. 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.
106. 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 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.
107. 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
(1,350 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.
MISCELLANEOUS
108. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes of land used for private streets will require prior written approval of
100% of all the Homeowners' Association members.
109. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-114" HD or 3-112" disks prior to the approval of
each Final Map.
110. Tie the boundary of the subdivision to the California System -Zone VI (1983).
Ill. The developer 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.
PC814CON.DOCCCTI1COH.DOC
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All super blocks lots created shall have access to a dedicated public street.
Bonds in the amounts determined by the City Engineer shall be posted 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 multiple family lots shown on
the tentative map.
112. Signage shall be provided at..BoHquet..Canyen.Drive..and.the..pedestrian..pasoo..in.ViUage
Five..and.at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map, as determined by the Planning Director and City Engineer.
113. The Applicant shall secure approval of a Master Precise Plan for the Village One and
VilJage..Five Core Areas, prior to submitting any development proposals for commercial, multi-
family and community Purpose Facility areas within the ,sPA-One Village One Cores.
114. 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 ofOtay 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 ofthe GDP/SRP.
115. The owners of eaeh Village One shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating from the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
116. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final map.
117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an
easement restricting use of the land to those pennitted by the 1Uv1P, to the POM upon the recordation
of each final map for an amount of land equal to the final map's obligation to convey land to the
Preserve. Where an easement is conveyed, the Applicant shall be required to provide subordination of
any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or
an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating
that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat
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Maintenance District has generated sufficient revenues to enable the POM to assume maintenance
responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM.
118. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Bull Canyon Drive, Buckshot Drive, Santa Lucia Road, Bellena Street, PMker
MOillltain.-RQad;..GeyseFVille.-Street;..EseaJen..Goill1;...Sheep..Raooh, Pearson Springs Drive, Polo Peak
Road. and Tuscan Springs Drive. ..Meeks..Bay..Drive...Little..Lak-e..Street....Harrill&..Mill..Avefllie..aad
,- ,- , ,
Volcano Creek Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
119. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
PHASING
120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CVMC) and the Otay Ranch GDP, the Applicant shall prepare a five year development phasing
forecast identitying 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.
.1.21.,.......-T-he.Applieant.ooknowledges..that.-the.Otay.-Raneh.General..Development..Plan.is..based.on..a
viUage..ooncept..-that..pmvides...fof..-the..eonstroction...of..muIti-family..homes...and..-cmmnereial...uses
along.-with.single.family..residentiaJ..hemes.witlJin..SPAOne,...-The.-Gity.has..allowed..tbe.early..phases
of the project to consist almost exclusively of single family detached neighborHoods due to
wFFent..market..eonditions,.....However;...t!ie.-Applicant..understands-..that..it..is...the..City'.s...intent..tQ
r-equire-the.Applieant..to.foeus.development..on..onIy.Qne.ofthe..SPAOne.village.eores-.in.order..to
inerease...the....viability.. Qf..the...eor-e.. and....(Q...fuHill...-the...obj eetives-...Qf.the...Otay....Raneh...Gener.al
Development Plan.
In.order.tQ..feeilitate...this"'objeetive;..theApplicantshall..prepareapmjeet.-pha1iing..u pdat-e.tQ
OOtermine.-whieh.of.the.twQ..viUages-.the'Awlicant.-will.c-oneentmtedevelopmentin,,'-The.phasing
study shall provide for the following: 1) access to the high school site, community park site and
neighooroood..parkwhichiseeonomicallyand.physieallyfeasible;..Z)mestablislunent.of.ares-idential
pha1iing. pmgram. to complement the.ea1it-west ac-ces-s...seJeeti on..{Ea1itPalomar...St-reetor...East
OrangeAvenue);J}..identifY.thevmage.that.willbethe..foeu1iofaecclerated..tlevelopment;4}
consideration of market conditions-;-pFOduct absorption and locatio~ppropriate produ€t--te
meet.demaoo;5}limitation.of-public..serviees.in.thevillage.whi-chis not the.fQcus.of.accclerated
development aoo; 6) provision fQr affmdable housing. opportunities- as identified intheawmved
PC814CON. DOCCCTl1COI!. DOC
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Affera-able.Heu5ing..P.laflo.....T-be..study..shall..be..undertak-en.prier..to-.issuaooe.-of.the..I.l~Otll..1:)(jilding
permit and sbaJd be submitted for approval by tbe Plan:1il1.g Director and City El1.gil1.eer prior to the
is5uanee.-of.tbe..1.;~1.st.-building.pefmit.
T-he.-Applicant-.shaU..el1.tef..into-.an..agfeement..witb..the.{;ity;,,-poof.te..tbe..appf0val.-of..tbe..fi.F5t..fi.nal
map, in which the i\pplicant agrees to implement tbe results of said study as determined by tAe
City",COOi1Cil.:.....lf.the..AWlieiUlt...faiI5..to-..irnplement..tbe..r-esuk5..-of..tbe"5tudy..ft5..difeeted..-by..City
C-ouncil;..tbe..City..C-ouncil.may.tak-e'5uch..aeti-ons..as.it..deem5.neees5ary;..induding..but-.noHirnited
te.withhelding.-building'permit5:
121. The applicant shall submit to the City a revised phasing plan for review and approval prior
to the approval of the first final map. The PFFP shall be revised where necessarv to reflect the
revised phasing plan.
122. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
123. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area.. Throughout the build-out of SPA One, actual development may differ rrom the
assumptions contained in the PFFP (i.e., the development ofEastLake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP' or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. The SPA One PFFP, at Applicant's
expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after
approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, including
without limitation, the nature, sizing, extent and timing for the construction of public facilities caused
by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and
final maps.
PC814CON. DOCCCTI1COIj. DOC
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CODE REQUIREMENTS
124. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the
Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
125. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
126. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR-125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
Pay the amount of said fees in effect at the time of issuance of building permits.
127. Comply with all relevant Feder~ State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
128. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
129. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed.
130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
131. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual
PC814CON. DOCCCTl1COII. DOC
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132. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
133. Upon submittal of building plans for small lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shall clearly
indicate that 750 square feet of private open space will be provided.
134. The applicant shall apply for and receive a take permit rrom the appropriate resource
agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the
property.
135. All proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
GATED AREAS
The following conditions will be included in the final Resolution only if the City Council
specifically approves the gated concept.
136. Any gates proposed on the tentative tract map are not considered to be approved unless
and until specifically approved by the City Council.
13 7. Parks located within gated areas shall not receive park credit.
13 8. Include all private streets in separate lots. Provide on the Final Map a certificate granting to
the City a public utility easement over the entire private street lots.
139. Designate all streets within gated communities as private. Design of said streets shall meet the
City standards for public streets unless otherwise approved by the City Engineer. Private street cross
sections shall conform to those shown on the Tentative Map.
140. Provide at all private streets with controlled access, the following features:
PC814CON. DOCCCTI1CO!!. DOC
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a. Gates as approved by the City Engineer and the Planning Director. Gates shall be
located to provide sufficient room on the private roadway to queue without
interrupting traffic on public streets.
b. A turn around at the location of the gate. The size and location of said turn around
shall be approved by the City Engineer.
c. A border between public street and private street delineated through the use of
distinctive pavements.
d. Provisions shall be made for emergency vehicle access as directed by the Police Chief
and Fire Marshall, including but not limited to proposals for staffing, "opticon" or
keypad system.
e. A dedicated parking space for the gate attendant.
141. Include the right-of-way for any private portion of the "Temporary Roadway" (Santa Madera
Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate
final map, gran! said lot in fee to the City for open space and other public uses and include language in
the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map
Act provides that an offer of dedication shall remain open and subject to future acceptance by the City.
The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded
and the open space lot accepted at such time as a public road connecting Filmore Street in Vtllage One
to East Orange Avenue is opened for public use.
PC814 CON. DOCCCTIICON. DOC
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Attachment 3
Village One and Phase l-A
RESOLUTION NO. PCS 96-04
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE TENTATIVE SUBDMSION MAP
FOR VILLAGE ONE AND PHASE I-A OF VILLAGE FIVE OF
THE OTA Y RANCH SPA ONE, CHULA VISTA TRACT 96-04
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Village One of the Otay Ranch SPA
One ('Property'), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
('Project'), and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 12,
1996, and;
WHEREAS, said application requests the approval for the subdivision of approximately 822
acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of
SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for the area west ofPaseo
Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ('SPA Plan') previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ('SPA Plan Resolution') wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch Sectional Planning Area (SPA) Plan Final
Environmental Impact Report No. 95-0 I, SCH #95021012 ('FEIR 95-01'), and;
WHEREAS, this Project is a subsequent activity in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01 and the addendum thereto, that is
virtually identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation corridors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed
Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents therefore, no new environmental documents are necessary, and;
WHEREAS, the Planning Director set the time and place for a hearing on the tentative map
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the
exterior boundaries ofthe property at least ] 0 days prior to the hearing, and;
Planning Commission
SPA One Tentative Map
Page 2
WHEREAS, the Planning Commission has previously considered EIR 95-01 and the proposed
tentative map is consistent with the project described therein and creates no additional environmental
impacts as indicated in the Addendum.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution recertifYing EIR
95-01 and approving the Tentative Subdivision Map for Village One only and Phase I-A of Village
Five ofChula Vista Tract 96-04 in accordance with the lindings and subject to the conditions contained
therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VlST A, CALIFORNIA, this 14th day of August, 1996 by the following vote:
YES:
NOES:
ABSENT:
Frank Tarantino
Chairman
ATTEST:
Nancy Ripley
Secretary
c:\pc'Vlphla.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CllliLA VISTA APPROVING THE TENTATIVE SUBDIVISION
MAP FOR VILLAGE ONE AND PHASE I-A OF VILLAGE FIVE
OF THE OT A Y RANCH SPA ONE, CHULA VISTA TRACT 96-
04, AND MAKING THE NECESSARY FINDINGS,
RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT
FEIR 95-01 (SCH #95021012) AND READOPTING THE
STATEMENT OF OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE FEIR
WHEREAS, the property which is the subject matter of this resolution is identified and
described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area
(SPA) One ('Property'), and;
WHEREAS, Village Development filed a duly verified application for the subdivision of the
Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista
Tract 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995
('Project'), and;
WHEREAS, Village Development filed a revised tentative subdivision map on August 12,
1996, and;
WHEREAS, said application requested the approval for the revised subdivision of
approximately 822 acres located south of Telegraph Canyon Road between Paseo Ranchero and the
future alignment of SR-125 into 3,729 residential lots, one 10-acre school site and one proposed for
the area west of Paseo Ranchero, 26.5 acres of neighborhood parks and 18.5 acres of community
purpose facility lots, and;
WHEREAS, the development of the Property has been the subject matter of a General
Development Plan ('GDP') previously approved by the City Council on October 28, 1993 by
Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ('GDP
Resolution') wherein the City Counci~ in the environmental evaluation of said GDP, relied in part on
the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154
('Program EIR 90-01'), and;
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area Plan ('SPA Plan') previously approved by the City Council on June 4, 1996 by
Resolution No. 18286 ('SPA Plan Resolution') wherein the City Council, in the environmental
evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact
Report No. 95-01, SCH # 95021012 ('FEIR 95-01'), and;
Resolution No.
Page 2
WHEREAS, this Project is a subsequent actIVIty in the program of development
environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is
virtual1y identical in all relevant respects, including lot size, lot numbers, lot configurations,
transportation corridors, etc., to the project descriptions in said former environmental evaluations, and;
WHEREAS, the City Environmental Review Coordinator has reviewed the proposed
Tentative Map and determined that it is in substantial conformance with the SPA Plan and the related
environmental documents and determined that an Addendum was necessary, and;
WHEREAS, the Planning Commission held an advertised public hearing on said project on
August 14, 1996 and recertified FEIR 95-01, voted to recommend that the City Council approve the
Tentative Map in accordance with the findings and conditions listed below and readopted the
Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, and;
WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision
map application and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the
exterior boundaries of the property at least ten days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised on August 20, 1996 in
the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter
closed.
NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined Effects
The City Council hereby finds that the Project, as a later activity to that evaluated in the
Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were
not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(1)),
and;
SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR
The City Council hereby finds that: 1) there were no changes in the project tram the Program
EIR and the FEIR which would require revisions of said reports; 2) no substantial changes
have occurred with respect to the circumstances under which the project is undertaken since
the previous reports; 3) and no new information of substantial importance to the project has
become available since the issuance and approval of the prior reports; and that, therefore, no
new effects could occur or no new mitigation measures will be required in addition to those
already in existence and made a condition for Project implementation. Therefore, the City
Council approves the Project as an activity that is within the scope of the project covered by
the Program EIR and FEIR, and, therefore, no new environmental documents are required
(Guideline 15168 (c)(2)), and;
c:lcc\'Jphla.doc
Resolution No.
Page 3
SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives
The City does hereby adopt and incorporate herein as conditions for all approvals herein
granted all applicable mitigation measures and alternatives, if any, which it has determined, by
the findings made in the GDP Resolution and the SPA Resolution, to be feasible in the
approval of the General Development Plan and the SPA Plan, respectively, and;
SECTION 4. Notice with Later Activities
The City Council does hereby give notice, to the extent required by law, that this Project is an
activity within the scope of the program approved earlier in the GDP Resolution and the SPA
Plan Resolution, and the Final EIR adequately describes the activity for the purposes ofCEQA
(Guideline 15168 (e)).
SECTION 5. General Plan Findings--Conformance to the General Plan
Pursuant to Government Code Section 66473.5 in the Subdivision Map Act, the tentative
subdivision map as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in
conformance with all the various elements ofthe City's General Plan, the Otay Ranch General
Development Plan and Sectional Planning Area Plan based on the following:
a. Land Use - The Project is a planned community which provides a variety ofland uses
and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The
project is also consistent with General Plan policies related to grading and landforms.
b. Circulation - All of the on-site and off-site public and private streets required to serve
the subdivisi.on consist of Circulation Element roads and local streets in locations
required by said Element. The Applicant shall construct those facilities in accordance
with City standards or pay in-lieu fees in accordance with the Transportation
Development Impact Fee program.
c. Housing - The Applicant is required to enter into an agreement with the City to provide
and implement a low and moderate income program within the Project prior to the
approval of any Final Map for the Project.
d. Parks and Recreation - The Project will provide a 25-acre (gross) community park,
26.5 acres (gross) of neighborhood parks and the payment of PAD fees or additional
improvements as approved by the Director of Parks and Recreation In addition, a
recreational trail system will be provided throughout the Project, ultimately connecting
with other open space areas and trail systems in the region.
e. Conservation and Open Space - The Project provides 139 acres of open space, 22.8%
of the total 608 acres. A program to preserve 83% of slopes greater than 25% has
been established ranch-wide and is detailed in the recirculated FEIR 95-01 .
c:\x\'lphla.doc
Resolution No.
Page 4
f Seismic Safety - No seismic faults have been identified in the vicinity of the Project.
g. Public Safety - All public and private facilities are expected to be reachable within the
threshold response times for fire and police services.
h. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and
water facilities necessary to serve this Project. The developer will also contribute to
the Otay Water District's improvement requirements to provide terminal water storage
for this Project as well as other major project in the eastern territories.
1. Noise - The Project will include noise attenuation walls as required by an acoustic
study dated June 6, 1995 prepared for the Project. In addition, all units are required to
meet the standards of the UBC with regard to acceptable interior noise levels.
J. Scenic Highway - The roadway design provides wide landscaped buffers along the two
scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic
Parkway).
k. Bicycle Routes - Bicycle paths are provided throughout the Project.
1. Public Buildings - The Project provides three elementary school sites and one high
school site to serve the area. One elementary school site and the high school site will
be off-site of the project. The project will also be subject to Public Facilities
Development Impact Fees.
SECTION 6. Subdivision Map Act Findings
a. Balance of Housing Needs and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it
has considered the effect of this approval on the housing needs of the region and has
balanced those needs against the public service needs of the residents of the City and
the available fiscal and environmental resources. The development will provide for a
variety of housing types from single family detached homes to attached single-family
and multiple-family housing and will provide low and moderate priced housing
consistent with regional goals.
b. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site partially allows for the
optimum siting of lots for passive or natural heating and cooling opportunities as
required by Government Code Section 66473.1.
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Resolution No.
Page 5
c. Finding Suitability for Residential Development.
The site is physically suitable for residential development and the proposal conforms to
all standards established by the City for such projects.
d. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development.
SECTION 7. Conditional Approval ofTentative Subdivision Map
The City Council does hereby approve, subject to the following conditions, as Exhibit A
attached hereto the tentative subdivision map for Village Development's portion of Village
One and Phase I-A of Village Five of the OtayRanch SPA One, Chula Vista Tract 96-04.
SECTION 8. CEQA Findings
a. Re-adoption of Findings
The Council does hereby re-approve, accept as its own and re-incorporate, as if set
forth full herein, and make each and every one of the CEQA Findings attached hereto
as Exhibit
-
b. Certain Mitigation Measures Feasible and Re-adopted
As more fully identified and set forth in the Program EIR and the FEIR and in the
CEQA Findings for this Project, which is hereby attached hereto as Exhibit ----' the
Council hereby finds that, pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091, the mitigation measures described in the above
referenced documents are feasible and will become binding upon the appropriate entity
such as the Applicant, the City or other special districts which has to implement these
specific mitigation measures.
c. Feasibility of Alternatives
As is also noted in the environmental documents referenced in the immediately
preceding paragraph, alternatives to the Project, which were identified as potentially
feasible, are hereby found not to be feasible.
d. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 210816, City Council hereby re-
adopts the Mitigation Monitoring and Reporting Program ('Program') set forth as
Exhibit._ to this resolution and incorporated herein by reference as set forth in fulL
The City Council finds that the Program is designed to ensure that, during the Project
c:\ccyl ph 1 a. doc
Resolution No.
Page 6
implementation and operation, the Applicant and other responsible parties implement
the Project components and comply with the feasible mitigation measures identified in
the Findings and in the Program.
e. Statement of Overriding Considerations
Even after the re-adoption of all feasible mitigation measures, certain significant or
potentially significant environmental affects caused by the Project or cumulatively will
remain. Therefore, the City Council of the City of Chula Vista re-issues, pursuant to
CEQA Guidelines Section 15093, as set forth and attached hereto, a Statement of
Overriding Considerations identifYing the specific economic, social and other
considerations that render the unavoidable significant adverse environmental effects still
significant but acceptable.
SECTION 9. Notice of Determination
City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the County Clerk.
Presented by:
Approved as to form by:
Gerald J. J arnriska
Special Planning Projects Manager
Ann Moore
Interim City Attorney
Attachments:
Exhibit: A
C:\CC\'] phla.doc
Resolution No.
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California, this
August 20, 1996, by the following vote:
YES:
NOES:
ABSENT:
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the
foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City
Council meeting held on the 20th day of August, 1996.
Executed this 20th day of August, 1996.
Beverly A. Authelet, City Clerk
C:"'cc\'J ph] a.doc
ATTACHMENT 3EXHffilTA
TENTATIVE MAP - OTAY RANCH VILLAGES 1 & 5 AND PHASE lA OF VILLAGE
FIVE
CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a). the conditions and Code requirements set
forth below shall be completed prior to the related final map as determined by the Director of
Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, "dedicate"
means grant the appropriate easement, rather than fee title.
GENERALlPRELJMINARY
I. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails
Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the
appropriate department head, with the approval of the City Manager. These plans may be subject to
minor modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term "Developer" shall also mean
"Applicant".
3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such conditions fail to
be so implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted including issuance of building permits, deny, or further
condition the subsequent approvals that are derived from the approvals herein granted, institute
and prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. The applicant shall be notified 10 days in advance prior to any of the above actions
being taken by the City and shall be given the opportunity to remedy any deficiencies identified by
the City.
4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any
and all claims, liabilities and costs, including attorney's fees, arising rrom challenges to the
Environmental Impact Report for the Project and/or any or all entitlements and approvals issued
by the city in connection with the Project.
5. The applicant shall comply with all applicable SPA conditions of approval.
6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a
form approved by the City
PC814CN2 . DOCCCTI1CON .DOC
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7. The terms, conditions and time limits associated with this tentative map shall be consistent
with the Development Agreement approved by Ordinance # 2679 by the City Council on July 16,
1996.
ENVIRONMENTAL
8. The applicant shall implement all applicable mitigation measures identified in EIR 95-01,
the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and
Reporting Program (Exhibit *).
9. The applicant shall comply with all applicable requirements of the Phase 2 Resource
Management Plan (RMP) as approved by the City Council on June 4, 1996.
10. Prior to approval of any final map, the appropriate in lieu fee for conveyance ofland shall
be adopted by the City Council.
11. The Applicant shall comply with any applicable requirements of the California Department
of Fish and Game, the U.S. Department of fish and Wildlife and the U.S. Army Corps of
Engineers.
DESIGN
12. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced
with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by
the Planning Director and Fire Chief Bollards shall be provided instead of the locking gate noted
on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker
Mountain Road), rather than adjacent to Santa Rosa Drive.
13.............Pedestrian.access..shall..be-previded.between.P-arcelsC--4.and.CPF-1,...-Said..ac-eess..shall..be
il1dicated'QR.the':Pfe0ise.P~al1.fOF.the.VHlage,,~,CQFe:
14. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map.
15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual,
privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to
soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of
slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and
appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and
vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Planning Director prior to approval of the appropriate final map.
16. A comprehensive wall plan indicating color, materials, height and location shall be
reviewed and approved by the Planning Director prior to approval of any final map. Materials and
PC814CN2.DOCCCTI1CO!l.DOC
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color used shall be compatible and all walls located in corner side-yardsor rear yards facing public
or private streets or pedestrian connections shall be constructed of a decorative masonry and/or
wrought iron material.
A revised acoustical analysis indicating if view fencing, such as a combination of masonry and
wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East
Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan
indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided
at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive,
Moss Landing Avenue, Porterville Ct., Firebaugh Ct., Street C4, Bouquet Cafl)'on Drive, Little
bake...Stfeet;...S-trawbefFy..Valley...Read;...Mendeta...S-tr-ee1;....Pa0iooa...Gt"...Santa..-Delfina..Ave., San
Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct.,
Vernon Ct., Lindsay St., ,.......MOfgan...Hill...lli. Applegate St.and; Dunsmuir Ct., Gfaysen...Gt.;
Greenfield Ct., Livingston 1'.ve., Hayford Dr., Fiddletown Dr., Saflta Flora Dr., Ball Cyn. Dr.,
Ba0kshet-Dr,.;..Belena.S-t..and.Gannel.Ave. View fencing shall be provided at the ends of all other
open cul-de-sacs where a sound wall is not required.
Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant
shall submit a detail and/or cross section of the maximum/minimum conditions for all
"combination walls" which include retaining and tree standing walls. Said detail shall be reviewed
and approved by the Director of Planning prior to the approval of the first final map. The
maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding
walls which are six feet in height. A 2-3 foot separation shall be provided between free standing
and retaining walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view
fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to
approval by the Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch General Development Plan
to reduce density within the Village Cores at some time in the future, the provision of additional
alley product shall be analyzed and considered concurrently with said amendment.
19. The Design Review Committee shall review and approve the elevations of all homes
backing and siding onto Telegraph Canyon Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots shall be provided with Hollywood
driveways. The applicant agrees to process an amendment to the Planned Community District
Regulations for SPA One to reflect said requirement.
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
2]. Dedicate for public use all the public streets shown on the tentative map within the subdivision
boundary.
PC814CN2 . DOCCCTIICCN. DOC
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22. Secure in accordance with Section 18.16.220 of the Municipal Code, the construction and/or
construct full street improvements for all on-site and off-site streets deemed necessary to provide
service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt
concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water
utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design
criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein.
Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the
approved City designations in the Circulation Element of the General Plan for purposes of determining
the appropriate design standards for all street within SPA One.
Should the City Engineer deem that the construction of sidewalks along the off site portions of East
Orange Avenue and East Palomar Street west of Pas eo Ranchero not be necessary to provide service
to the subject subdivision, their construction may be delayed.
If deemed necessary by the City En~. the developer shall"p'rovi4~ cul-de-sac at (1) the easterly
end of Morgan Hill Drive. Carmel Avenue and Santa Lucia Road. The City Engineer may approve
the installation of temDorary turnaround as an alternative to a Dermanent cul-de-sac should conditions.
at the time of develoDment. warrant such facility. The developer shall also dedicate on the aDproDriate
final mal) the right-of-way required to extend said streets to the subdivis.ion boun~
23. In accordance with the pre-Annexation Developement Agreement the developer shall Ggrant
to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot
granted to the City for open space, transportation and other public purposes. The right-of-way shall be
granted at such time as requested by the City. ..on..the..aj}pmpriate-.final..map..er..earlier...;..-by..separat-e
instrument;..ifthe.SR-12S..ff-eeway.goes.fofWard..and.c~nv~ance.of.the.right-of-way.is.-required.by.the
City.......fuelude..the.rnaintenance..of.-said..let..in.an..opefH,paeedistrict.umil..tfallSfeffed..t~.the..State..of
California or its dcsigaee.
24. Install a fully activated traffic signal including interconnect wiring at the following intersections:
a. East Palomar Street and Paseo Ranchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East Orange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with construction of street improvements,
and install mast arms, signal heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher
classification streets simultaneously with the associated improvement plans
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26. Design all vertical and horizontal curves and intersection sight distances to conform to the
CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply
with the requirements in the CalTrans Highway Design Manual.
27. Plant trees within all street parkways which have been selected trom the revised list of
appropriate tree species described in the Village Design Plan which shall be approved by the Directors
of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods
per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the
trees. An irrigation system shall be provided trom each individual lot to the adjacent parkway. The
improvement plans, including final selection of street trees, for the street parkways shall be approved by
the Directors of Planning, Parks and Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of the first final map, where the
developer agrees to the following:
a. Fund and install Chula Vista transit stop facilities when directed by the Director of
Public Works. The improvement plans for said stops shall be prepared in accordance
with the transit stop details described in the Village Design Plans and approved by the
Directors of Planning and Public Works.
b. Not protest the formation of any future regional benefit assessment district to finance
the Light Rail Transit.
c. Fund half its fair share of the cost of construction of the two pedestrian bridges
connecting Villages One to VIllage Two and Village Five to Village SiJ,-~..Q~termined
by the City Engineer based on the proportionate benefit received from the
improvements. The developer shall also identifY the financing mechanism to be used to
fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved
Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space,
transportation, and other public purposes. Said lots shall not extend across street intersections unless
approved by the City Engineer. Include said lots in an open space district.
30. Guarantee the construction of the pedestrian bridge connecting Vtllage One to Village Five in
accordance with improvement plans approved by the City prior to approval of the final map that
requires construction of La Media Road between East Palomar Street and East Orange Avenue. The
developer shall be se!e1y responsible for the construction of s,ud bridge and mav seek. with the
concurrence of the City, repayment !Tom other benefiting property owners through a reimbursement
district._
31. 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
PC814 CN2 . DOccCTt1COH . DOC
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standards shall be updated to reflect those standards. Unless otherwise required by federal law,; City
ADA standards may be considered vested, as determined by Federal regulations, only after
construction has commenced.
32. Prior to approval of any final map proposing to construct Santa Madera Avenue between
Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall
accomplish the following:
a. Obtain all permits and agreements with the environmental regulatory agencies required
to construct the "Temporary Roadway".
b. Obtain a construction permit rrom the City approving the necessary modifications to
the existing improvements in Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City Engineer.
c. Enter into an agreement with the City where the developer agrees to:
1. Perform the following:
a. Restore the median improvements and remove the traffic signal as
directed by the City Engineer to provide only rililit-inlright-out access
<It said inters.ection. This work shall be performed at such time as La
Media Road between Telegraph Canyon Road and East Palomar Street
is opened for public use.
+12. Remove to the satisfaction of the City Engineer the remaining
"Temporary Roadway" improvements and..the modificationsonto the
existing-..imJ3mvements..in..TelegraJ3h..Canyen..Read...reauired to close
said intersection. at such time as a permanent road connecting Filmore
Street in Village One to East Orange Avenue is opened for public use.
2. Restore the Telegraph Canyon Road improvements and regrade the area to be
consistent with the streetscape of Telegraph Canyon Road and the drainage
channel as directed by the City Engineer and Director of Parks and Recreation.
3. Install signs as directed by the City Engineer, indicating that the "Temporary
Roadway" will be dosed once the permanent road connecting Filmore Street in
Village One to East Orange Avenue is opened for public use.
4. Provide a Notice in the any residential disclosure document that the
"Temporary Roadway" will be closed once the permanent road connecting
Filmore Street in Village One to East Orange Avenue is opened for public use
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5. Provide bonds in the amount determined by the City Engineer to guarantee the
fullowing: .
a. Restoration of the median improvements and removal of the traffic
signal required to provide onlv right-inlright-out access at said
intersection. Said bonds shall be provided prior to aRQroval of the final
map requiring the construction of La Media Road between Telegraph
Canyon Road and East Palomar Street.
b. fRemoval of the remaining temporary improvements reQuired to close
said intersection and restoration of the area as directed by the City
Engineer and Director of Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for Phase..;1 Vtllage One Core
or any unit thereof.
6. Provide for all costs associated with the vacation of the "Temporary Roadway"
33. Provide the necessary modifications to the existing traffic signals including interconnect wiring
at the following intersections:
a. Telegraph Canyon Road at St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries with construction of street
improvements, and install mast arms, signal heads and associated equipment as determined by
the City Engineer.
34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue
between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final
map, as determined by the City Engineer, grant said lot in fee to the City for open space,
transportation, and other public uses.
35. Guarantee, prior to the approval of a final map for Phase..?the Vtllage One Core or any unit
thereof, the construction of a permanent public road cormecting Filmore Street in Village One to East
Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet
and be designed and constructed to City standards for residential streets except that it shall have a
width (curb to curb) of26 feet and sidewalk only on one side.
36. Provide 1) twenty feet setback on driveways rrom property line to garage and 2) sectional roll-
up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in
PC814CN2. DOCCCTIICOl!. DOC
1.'<-
length except as provided in the Planned Community District Regulations or approved by the City
Engineer and the Planning Director.
37. Not install privately owned water, reclaimed water, or other utilities crossing any public street.
This shall include the prohibition of the installation of sleeves for future construction of privately
owned facilities. The City Engineer may waive this requirement if the following is accomplished :
a. The developer enters into an agreement with the City where the developer agrees to
the following:
1. Apply for an encroachment permit for installation of the private facilities within
the public right-of-way.
2. Maintain membership in an advance notice such as the USA Dig Alert Service.
3. Mark out any private facilities owned by the developer whenever work is
performed in the area.
The terms of this agreement shall be binding upon the successors and assigns of the
developer.
b. Shutoff devices as determined by the City Engineer are provided at those locations
where private facilities transverse public streets.
J8,..........-Grant.en..ilie.final.map-.oontainingthe.pwpesecl.ronnectien.te.Eastbake.Parkway..(between.the
two existing Otay '.Vater District parcels) a eO foot '.viae easement f-or street right of way and other
public...pwpeses...al0f1g...said...ootmeea0f1........Prim..te...appwval...ef..the...sarne.-map...the..dweloper...shall
guaranteethe.oonstwctien.efthe..fol1ewing.improvements.witmn.said.60-feot..wide.easement.,
a. Pedestriar~ cart ana bicycle improvements as determined by the City Engineer and
Planning..Direeter,....The.impmvement.plans..sha11.be..pH~pared..in..such..a.way-.as..t-o..net
predude.ilie.eptien.ef.pr-oviaing.str-eet.improvements.fer..yehicu\.ar..acC<Jss.in..ilie..future,
b. Vehicular access impr-evements to the existing Otay Municipal '.Vater District parcels
as.determineaby.the.City.Engineer.and.the.OtayMunidpalWater.Distriet,
39. Grant on the final map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide
easement for street right -of-way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same final map the developer shall
accomplish the following:
a. Guarantee the construction of the paseo improvements (if public) as directed by the
Director of Planning, Director of Parks and Recreation, and City Engineer.
PC814CN2 . DOCCCTI1CCII. DOC
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b. Enter into an agreement with the City where the developer agrees to construct street
improvements for vehicular access within the 60-foot easement in accordance with
improvement plans approved by the City Engineer if vehicular access is needed in the
future.
40. Include in separate lots the right-of-way required to accommodate the future grade separation
at the intersections of (I) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and
Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and
other public purposes on the appropriate final map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of the tentative map is the
preferred section and shall be implemented on all residential streets, excluding the alley product,
unless otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge connections between Village
One and Vil1age Five which indicates materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of the final map that requires
construction of La Media Road between East Palomar Street and East Orange Avenue.
43. Requested General Waivers I, 2 and 3 and Specific Waiver 3, as indicated on the cover
sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject
to the condition that one-way circulation be provided at the north-south streets adjacent to parks
P-4 and P-5, unless otherwise approved by the City Engineer.
44. The applicant shall submit and obtain approval from the City Engineer and the Planning
Director of a final conceptual design of the proposed traffic circles prior to approval of the first
final map. The developer shall submit striping, signage and landscape plans for all traffic circles
indicated on the tentative map. In the event the traffic circles are not approved, some type of
alternative enhanced landscaping and/or entry statement at those intersections acceptable to the
City Engineer and the Planning Director shall be identified prior to approval of the first final map.
45. Right-of-way for the light rail transit line shall provide for spiral curves as required by
MTDB and approved by the City Engineer.
GRADING AND DRAINAGE
46. Provide a setback. as approved by the City Encineer. between the proDertv lines of the
proposed lots and the top or toe of anv slope to be constructed at those locations where the
PLQPQ~~(tw.,t<;lj.!!g.~<;ljQi.n~.l!Qc!~y'~!.QP.~.pr.QP.~.ct)'..QI.m:QP~!:!Y..Qwn~g..Q)'.Q!h~r.s"
The developer shall S~ubmit notarized letters of permission to grade for all off-site grading.
47. Submit a list of proposed Jots indicating whether the structure will be located on fill, cut or a
transition between the two situations unless otherwise approved by the City Engineer
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48. Comply with all the provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program.
49. Provide runoff detention basins or any other facility approved by the City Engineer to reduce
the quantity of runoff ITom the development to an amount equal to or less than the present 100-year
rrequency runoff.
50. Provide "as built" improvement and storm drain plans in DXF file format to the satisfaction of
the City Engineer.
51. Grant on the appropriate final map a 15 feet minimum drainage and access easement for
stormdrain Jines located between residential units unless otherwise directed by the City Engineer. All
other easements shall meet City standards for required width.
52. Prior to approval of (1) the first final map or grading permit for land draining into the Poggi
Canyon or (2) the first final map or grading permit which requires construction of Santa Madera
between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage facility, as follows:
1. Runoff detentionldesilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The developer shall be responsible for obtaining all permits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wtldlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
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2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
53. Enter into an agreement with the City, prior to approval of the first final map or grading permit
for land draining into the existing Telegraph Canyon Channe~ where the developer agrees to perform
the following activities within the portion of said existing channel extending rrom Paseo Ladera to the
eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period of five years after maintenance of the channel is assumed by the City or an open
space district.
54. Ensure that brow channels and ditches emanating from and/or running through City Open
Space are not routed through private property and vice versa.
55. Provide a graded access (12 feet minimum width) and access easements as required by the City
Engineer to all public storm drain structures including inlet and outlet structures. Improved access as
determined by the City Engineer shall be provided to public drainage structures located in the rear yard
of any residential lot.
56. Provide a protective fencing system around (1) the proposed detention basins at Telegraph
Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City
Engineer. The final design and types of construction materials shall be subject to approval of the
Director of Planning and City Engineer.
57. Designate all drainage facilities draining private property to the point of connection with public
facilities as private.
58. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins
This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
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59. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to
reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to
acceptance by the City of the proposed detention facility.
60. Provide graded maintenance access roads along both sides of the proposed onsite and off site
portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location of the access roads shall be as
determined by the City Engineer.
61. Obtain, prior to approval of the first final map, the approval of the Director of Public Works to
any amendment necessary to make the Master Drainage plan consistent with the approved Tentative
Map.
62. Prior to the installation of the regional trail, install a fence along those portions of (1) the
existing maintenance access roads along the Telegraph Canyon Channe~ and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into
the Regional Trail System. The fence shall be erected only at those locations where its installation will
not interfere with the normal channel maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City Engineer and Director of Parks and
Recreation
63. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks
and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of
the grading plans
64. Landform grading, similar to what has been proposed along Telegraph Canyon Road and
consistent with City policy, shall be implemented adjacent to all off-site major roads.
65. Indicate on all affected grading plans that all walls which are to be maintained by open
space districts shall be constructed entirely within open space lots dedicated to the City.
66. Prior to the approval of the grading plans proposing the grading of the area that would
accommodate the future grade separated intersections at East Orange A venuefPaseo Ranchero
and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study,
acceptable to the City Engineer, of the grading required for said grade separated intersections.
67. The grading plans for the intersection at East Orange AvenuelPaseo Ranchero shall
include a partial grading of the area that would accommodate the eastbound on-ramp and off-
ramp and the westbound on-ramp of the future grade separated intersection The elevations and
extent of the required grading shall be determined by the City Engineer to (1) allow in the future
the construction of any additional grading necessary for the ultimate intersection configuration,
and (2) construct the Poggi Canyon Channel at its ultimate location.
PC814CN2.DOCCCTI1CO/!.DOC
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68. Prior to approval of the grading and/or improvement plans proposing the construction of
the culvert under La Media Road at the crossing with the Telegraph Canyon Charmel, the
developer shall submit a study acceptable to the City Engineer demonstrating that the proposed
culvert will be capable of handling the design flow in the event said culvert needs to be extended
in the future in conjunction with the grading for a grade separated intersection at Telegraph
Canyon Road/Otay Lakes Road.
SEWER
69. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer
manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the
City Engineer.
70. Grant on the appropriate final map a 20 feet minimum sewer and access easement for
sewerlines located between residential units unless otherwise directed by the City Engineer. All other
easements shall meet City standards for required width.
PARKS/OPEN SP ACE/WILDLIFE PRESERV A nON
General
71. 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 and neighborhood parks. Pedestrian parks are an integral component of the plan and shall
receive partial park credit as defined below. A minimum of two thirds (2 acres/l,OOO residents)
of 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 of fees.
72. 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 Director of Parks and Recreation.
73. 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
74. The applicant shall enter into a Chula Vista standard three party agreement with the City
of Chula Vista and design consultant( s), for the design of all aspects of the neighborhood and
community parks in accordance with the Master Plan whereby the Parks and Recreation Director
selects the design consultant(s). The agreement shall include, but not be limited to, master
planning, design development phase, construction document phase and construction supervision
phase for the park sites The construction documents shall reflect the then current requirements
of the City's Code/Landscape Manual requirements.
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75. 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.
76. The Applicant and the City shall mutually agree 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 ofP AD fees
shall include the interest accrued by the City on said PAD fees minus the City's cost of processing
and administering this reimbursement program.
77. Grant in fee all designated public park lands at such time as is necessary to implement the
requirements ofthe PLDO and the PFFP.
78. Pedestrian Parks (also known as mini-Darks): 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 the City wide small
park credit criteria which shall be approved by the City Council.
79. Neighborhood Parks:
a. The Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for
the first 500 dwelling units.
b. The Applicant shall commence construction of the first neighborhood park in SPA
One, in a location determined by the Director of Parks and Recreation, no later than issuance of
the building permit for the 500th dwelling unit.
c. The level of amenities required in the first phase of construction of the first
neighborhood park shall be determined by the Director of Parks and Recreation 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 Director of Parks
and Recreation. The applicant shall complete construction of the first phase of the first
neighborhood park within six (6) months of commencing construction of said park.
d. Prior to issuance of the building permit for the 1 1 50th 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.
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e. At no time following completion of construction of the first phase of the first
neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2
acres/l,OOO residents. Applicant agrees that the City may withhold the issuance of building
permits should said deficit occur. For purposes of this condition, the term "constructed
neighborhood park shall mean that construction of the park has been completed and accepted by
the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior
to the mandatory 9-12 month maintenance period. This condition is not intended to supersede
any of the City's maintenance guarantee requirements.
f. The 1.7 acre Town SquaTe in Village Five shaU receive 100% neighborhood park credit
if.eoostrueted..oonsistent..with..tbe..eriteria..eontained..in..the..GeIJeral..Development...Plan..(-Part..ll;
Chaptef-4)..and..if..imprevements..construeted.within.tbe-Town..Squar~'receive..the..appreval"of.the
Dir~tor-.of.Pafks'aRd.Reereatien,
g. The Applicant shaU receive reimbursement of PAD fees, proportionate to what has
been constructed, should they deliver a turn-key park which has been constructed in accordance
with the Parks Master Plan.
80. Communitv Parks:
a. The Applicant shall pay PAD fees for the Community Park based upon a formula of 1
acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director
of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set
forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One demand, shaU be located in
Vil1age 2 as identified in the GDP.
c. 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, 1 50th dwelling unit. Said
relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acrell,OOO residents) shall be
satisfied through the payment of PAD fees, the Applicant shaU 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 shaU include, but not be limited to, improvements such as a
graded site with utilities provided to the property line and an aU weather access road acceptable to
the Fire Department.
e. 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 shaU include recreational amenities as identified in the Park Master Plan.
f. The Community Park shaU be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit
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g. If the Director of Parks and Recreation 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 the 2,650th unit, then the Director of Parks and Recreation
shall have the option to utilize the PAD fees for said improvements, or to construct another park
facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in
the GDP.
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with
the City ofChula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement ofP AD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
81. Trails/Open Space:
a. The HrGt final map sluMI not be approved until the SP f, One Open Spaee Master Plan is
appmved..by..tbe--DiFeet-eF..ef.P.arks..ancl-ReereatiDn,....The..Open..Spaee.Master..Plan..shall..be-.based
upon.the..appr-eved Coneeptand..Analysi5..Plan;.-the FequiFement s.of.wbi(:b-.aFe-eutlined.in.-the.City
of..Chula..Vista...Land5Cape...ManuaJ....and...indude;...but..aFe...not...limited..t-e..-elements'''5lieh...as...fi.nal
recreational trail alignments, deGign criteria, fencing alld phasiRg.
b. All trails shall connect to adjoining existing and/or proposed trails in neighboring
development projects, as determined by the Director of Parks and Recreation.
c. The two connector trails rrom Neighborhoods R-24 and R-25 in Village Five to
Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect
to the regional trail in one location.
d. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12%
for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation
Director.
e. The graded section upon which the connecting trails are constructed shall be 10 feet in
width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side.
f Landscape and irrigation plans for the transit right-of-way shall be reviewed and
approved by the Parks and Recreation Director in conjunction with the landscape plans for East
Palomar Street.
82. Communitv Gardens:
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a. 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.
b. Water lines shall be stubbed rrom the nearest open space water meter to the site(s) in
. order to facilitate development of the Community Gardens.
c. Community Garden sites shall be consistent with those identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance
District, Homeowner's Association or other funding mechanism approved by the Director of
Parks and Recreation and the City Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
83. Prior to the approval of the first final map, the developer shall:
a. Submit and obtain approval of the SPA One Open Space Master Plan from the
Director of Parks and Recreation. The Open Space Master Plan shall be based upon
the approved Concept and Analysis Plan, the requirements of which are outlined in the
City of Chula Vista Landscape Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and phasing.
b. Request the formation of an Open Space District pursuant to the 1972 Landscaping
and Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council consideration prior to approval of the first final map.
Maintenance of the open space improvements shall be accomplished by the developer
for a minimum period of one year or until such time as accepted into the open space
district by the Director of Parks and Recreation. If Council does not approve the open
space district formation, some other financing mechanism shall be identified and
submitted to Council consideration prior to approval of the first final map.
c. Submit a list of all OTAY RANCH SPA One facilities and other items to be maintained
by the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a
Homeowner's Association. Include a description, quantity and cost per year for the
perpetual maintenance of said improvements. These lists shall include but is not limited
to the following facilities and improvements:
1. All facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, trails, access roads, drainage
structures and landscaping Each open space lot shall also be broken down by
PC814CN2 . DOCCCTI1CON. DOC
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the number of acres of turf, irrigated, and non-irrigated open space to aid in the
estimation of a maintenance budget thereof
2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo
Ranchero, La Media Road, East Palomar Street (onsite and off site) and all
other street parkways proposed for maintenance by the open space district or
Homeowners' Association.
3. The proposed detention basin in Telegraph Canyon and the fair share of the
maintenance of the existing naturalized Telegraph Canyon Channel east of
Paseo Ladera as determined by the City Engineer based on the proportional
benefit received rrom the improvements. This includes but is not limited to the
cost of maintenance and all cost to comply with the Department of Fish and
Game and Corps of Engineers permit requirements.
4. The proposed detention basin and naturalized channel in Poggi Canyon. This
includes but is not limited to the cost of maintenance and all cost to comply
with the Department of Fish and Game and the Corps of Engineers permit
requirements.
5. Community Gardens
6. Pedestrian Bridges.
7. The proportional share of the maintenance of the median and parkways along
that portion of Telegraph Canyon Road adjoining the development as
determined by the City Engineer.
8. All proposed facilities and improvements (excepting street improvements)
within the 60-foot wide easement to be dedicated to the City for right-of-way
at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at
the proposed connection to EastLake Parkway (between the two Otay Water
District Parcels.
d. Submit an initial deposit of $15,000 to begin the process the formation of the open
space district. All costs off ormation and other costs associated with the processing of
the open space relating to this project shall be borne by the developer.
e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as
determined by the City Engineer to prepare the engineer's report for the proposed open
space district.
84. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to
maintain all the facilities and improvements within the open space lots rejected by the City.
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85. Grade a leve~ clear area at least three feet wide (face of wall to top of slope), along the length
of any wall abutting an open space district lot, as measured rrom face-of-wall to beginning of slope,
said area as approved by the City Engineer and the Director of Parks and Recreation.
86. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open
space district sign a statement, when purchasing their homes, stipulating that they are aware that the
walls are on City property and that they shall not modify or supplement the wall or encroach onto City
property. These restrictions shall also be incorporated in the CC&Rs for each lot.
87. Agree to not protest formation or inclusion in a maintenance district or zone for the
maintenance of landscaped medians and scenic corridors along streets within and adjacent to the
subject subdivision.
88. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative
map and execute and record a deed for each of the lots to be maintained by the City through the open
space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision
Map Act, rejecting those open space lots to be maintained by the Homeowner's Association.
89. Provide documentation, prior to the approval ofthe first final map, to the Director of Planning
and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved
by the Sweetwater High School District and the Chula Vista Elementary School District has been
established to provide for construction of schools.
90. 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. The developer shall receive 100% credits towards
future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost
of revising the PFDIF shall be borne by the developer.
WATER
91. Provide to the City a letter rrom Otay Municipal Water District indicating that the
assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s)
92. Present verification to the City Engineer in a form of a letter from Otay Water District that the
subdivision will be provided adequate water service and long term water storage facilities.
EASEMENTS
93. Grant to the City a 10' wide easement for general utility purposes along public street rrontage
of all open space lots offered for dedication to the City unless otherwise approved by the City
Engineer
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94. Indicate on the final map a reservation of easements to the future Homeowners' Association
for private storm drain and private sewer facilities within open space lots as directed by the City
Engineer.
95. Obtain, prior to approval of the associated final map, all off-site right-of-way necessary for the
installation of the required improvements. The developer shall also provide easements for all on-site
and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities
necessary to provide service to the subject subdivision.
96. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right-
of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or
easements affected by Section 66462.5 ofthe Subdivision Map Act are covered by this condition.)
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
Said estimate to be approved by the City Engineer.
C. Have all easements and/or right-of-way documents and plats prepared and appraisals
complete which are necessary to commence condemnation proceedings as determined
by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right -of-way,
easements or licenses needed for off-site improvements or work related to the final
map. The developers shall pay all costs, both direct and indirect incurred in said
acquisition.
The requirements of a, b, and c above shall be accomplished prior to the approval of the
appropriate Final Map.
97. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any
final map that proposes private utilities or drainage facilities crossing property lines as directed by the
City Engineer.
98. Grant to City on the appropriate final map two foot access easements along the rear and side
property line oflots adjoining walls to be maintained by the open space district. The locations of these
easements shall be as required by the Director of Parks and Recreation and the City Engineer to
provide adequate access for maintenance of said walls.
AGREEMENTSIFINANCIAL
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99. Enter into an supplemental agreement with the City, prior to approval of each final map, where
the developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if anyone of
the following occur:
1. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
3. The applicant does not comply with the terms of the Reserve Fund Program.
b. 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 facilities, as identified in the PFFP or as amended by the Annual Monitoring Program,
have not been completed.
c. Defend, indemnify and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the defense.
d. Hold the City harmless rrom any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are permitted
equal opportunity to place conduit and provide cable television service to each lot on public
streets within the subdivision. Restrict access to the conduit to only those rranchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of
the rranchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City ofChula Vista.
f Include in the Articles of Incorporation or Charter for the Homeowners' Association
(HOA) provisions prohibiting the HOA ITom dedicating or conveying for public streets, land
used for private streets without approval of 1 00% of all the HOA members.
100. Enter into an supplementaJ agreement with the City prior to approval of the first finaJ map,
where the developer agrees to the following:
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a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by
SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or facilities
benefit district to finance the construction of correctional facilities.
10 1. The applicant shall dedicate three (3) acres of buildable land, acceptable to the City of
Chula Vista, within either.. Village One orViIlage.Five.of SPA One of the Otay Ranch in order to
satisfy the affordable housing implementation measure contained in the approved Otay Ranch
GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by
Resolution # 1773 7. In addition, said existing agreement, dated December 1, 1994, shall be
amended to permit the land dedication within either-Village One.or.ViUage.Five.
102. Prior to approval of the first final map (including any superblock, or financial final map)
within SPA One, and consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable
Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to,
the following provisions: 1) the obligation to provide the total number of low and moderate
income units required under the City's Affordable Housing Program, based on the number of
dwe11ing units contained within the Master Tentative Map for SPA One; 2.) identify the overall
number of dwe11ing units within the Master Tentative Map for which the applicant can receive
final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction,
final affordable housing site( s); 3.) the number of dwelling units within the master tentative map
area which can receive building permit authorizations prior to the applicant obtaining building
permits for a specified number of the required low income units; and 4.) a description of what
information must be provided in subsequent Project Level Affordable Housing Agreements.
Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing
Agreement shall become conditions of this resolution, and is hereby incorporated herein by this
reference.
103. The Applicant shall pay, prior to approval of the first final map, their proportional share,
as determined by the Director of Parks and Recreation, of a collaborative study analyzing local
park needs for the area east of the 1-805 Freeway.
SCHOOLS
104. The applicant shall prepare and submit an application for an amendment to the Otay Ranch
General Development Plan replacing the Village Seven High Schoo] location with a site in either
the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The
City shall not issue building permits for more than 1,400 units within SPA One until the City has
acted on the proposed plan amendment unless the District consents to the further issuance of such
permits 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 ofthe 2,650th building permit (504 students) or upon written request by the District not
prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire
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Department. This schedule is subject to modification by the School District as based on District
facility needs.
105. 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.
106. 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 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.
107. 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
(1,350 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.
MISCELLANEOUS
108. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions
assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The
City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner within the subdivision. The
CC&R's shall also include language which states that any proposal by the HOA for dedication or
conveyance for public purposes of land used for private streets will require prior written approval of
100% of all the Homeowners' Association members.
109. Submit copies afFinal Maps and improvement plans in a digital format such as (DXF) graphic
file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in accordance with the
City Guidelines for Digital Submittal in duplicate on 5-1/4" lID or 3-1/2" disks prior to the approval of
each Final Map.
110. Tie the boundary of the subdivision to the Califomia System -Zone VI (1983).
111. The developer 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
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All super blocks lots created shall have access to a dedicated public street.
Bonds in the amounts determined by the City Engineer shall be posted 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 multiple family lots shown on
the tentative map.
112. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village
Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the location and content of said signs
shall be reviewed and approved by the Planning Director prior to approval of the appropriate final
map, as determined by the Planning Director and City Engineer.
113. The Applicant shall secure approval of a Master Precise Plan for the Village One and
Vil1age Five Core Areas, prior to submitting any development proposals for commercial, multi-
family and community Purpose Facility areas within the SPA One Village Cores.
114. 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 ofthe 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 ofthe GDP/SRP.
115. The owners of each Village shall be responsible for retaining a project manager to
coordinate the processing of discretionary permit applications originating rrom the private sector
and submitted to the City of Chula Vista. The project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. The project manager shall have a
well rounded educational background and experience, including but not limited to land use
planning and architecture.
116. The applicant shall submit copies of any proposed C. C. and R's for review and approval by the
Director of Planning and the City Engineer prior to approval of each final map.
117. The applicant shall convey fee title, or upon the consent of the POM and any lien holder, an
easement restricting use of the land to those permitted by the RMP, to the POM upon the recordation
of each final map for an amount of land equal to the final map's obligation to convey land to the
Preserve Where an easement is co~veyed, the Applicant shall be required to provide subordination of
any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where
consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee tit1e or
an easement is conveyed, the subdivider shall execute a maintenance agreement with the POM stating
that it is the responsibility of the Applicant to maintain the conveyed parcel until the Habitat
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Maintenance District has generated sufficient revenues to enable the POM to assume maintenance
responsibilities. Where an easement is granted, fee title shall be granted upon demand by the POM.
118. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs:
Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi
Court, Larkspur Court, Bul!,CiIflyoa.Drive;.-BueIGhet..Drive, Santa Lucia Road, BeIIena..8treet, Parker
Mountain Road, GeyseFVille.Street;..Esealoa..Geurt, Sheep Ranch, Pear50a..8prings.Drive;..Pelo..Peak
Read;.-Tusean-.Spriags.Dri-ve, Meeks Bay Drive, Litt1e-Lak~.8treet, Harril1s Mill Avenue and Volcano
Creek Road.
Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador
Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache
Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street
119. The CPF-2 site located within Village One, shall be considered a floating designation and shall
be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise Plan for this area.
PHASING
120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the
CYMe) 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.
.j.2.J.:........-The.Applieant.aelrnewJedges.-that.-the.Otay.Raooh-.GeneraJ..Development..Plan.is..based.oa..a
viUage..ooncept...that'pfOvides...[-er...the..eenstruetien...ef..multi-family..bomes...and..-eommewial...uses
aleng..with-.sing1e.family.residential..hemes.withia.SPAOae:....Ibe.-Gity..has..aUowed.the.eaFly..phases
of the project to consist almest CJ(clusivcly of siagle family detached neighborhoods due to
euffent..rnarket..cenditions:.....-H(}wever;..the..Applicant..understands..that..it..is..-the..City'.s...intent.t-e
require.the.Applicant..te.focus.devel-epment.en..onIy-ene-ef.tbe.S-PAOne.vil!age,cOi"es.in..erder.to
inerease...tbe....viability...of...tbe...-eor~...and...t-e...fuJfill....the...OOjeetives..-ef...tbe...Otay....Raneh...Gener.aJ
Devclopmem Plan.
In"m-der..t-e...faeilitat~.tbis...OOjeetive;...the.Applieant.shaJl"prepafe.a"pfOjeet"phasing"updat~.to
determine.whieh.of.the..tw-e..viUages..tbe..Applieant.wilJ..e-encentr.ate..develeprnent..in.....--The.phasing
study shall provide for the following: 1) access to the high school site, community park site and
neigboorflood.parkwhich-.is.,*,enomically..and'physieaUyfeasible;..2}-.establishment..(}f.aresidentiaJ
phasing..pmgram..t(}..complement..tbeeast-west..ac<:ess.sel&tion{East...Pal-emarStreet...or..East
Orange..Ave!!\Je};J)..identiJythe..vilJ.ag.Hbatwill..betbefocusof-aecclerated-devel-epment-;-4}
consideration of market conditions, product abseFJ*iofl~iltion of appropriate product to
meetdemand;.5}-limitation.of..publieservi<:esin.theviUagewhi<:h is.netthe.f-ecus..(}f.aecclerated
development..and;.6).provision. .for.affDrdable.housing. opportunities. as..identified..in. the. appmved
PC814CN2 . DOCCCTHCO!! .!JOC
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Affoniable.Housing.P.lano...-Tbe..srudy..shall.be.undertak-en.prior..te.issuance.-ofthe..I.I-SOth..lmilding
permit and shall be submitted for !Ij3!Jroval by the Plan:1in!; Director and City Engineer prior to the
issuanee.-oftbe.~.;4(H.st.buifding'permit...
Tbe.-Appli-0ant.shall-enter..inte.an..agfeement.with.the.City;"'pflm.to..tbe.approval.-of.the.fi.fst...fi.nal
map, in '.vhieh the l\pplieant agrees to implement the results of said study as determined by the
Gity..-Geuncil........lf-.tbe-.-Applicant-.fails..te.irnplement.tbe.n~sults.ef.tbe.-study..as..directed...by.City
C-ouncif;.tbe..City..Ceun0i!.may.take.such..actions..as.it.deems.-necessary.;.induding.but.net..lirni-ted
to.withhelding.building-permits.-
121. The applicant shall submit to the City a revised phasin~ for review and approval prior to
approval of the first final map. The PFFP shall be revised where necessary to reflect the revised
phasing plan
122. If phasing is proposed within an individual map or through multiple final maps, the developer
shall submit and obtain approval for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements, facilities and dedications to be provided
with each phase or unit of development shall be as determined by the City Engineer and Director of
Planning. The City reserves the right to require said improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire departments.
The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
123. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and
tentative map with improvements installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan
based upon a set of assumptions concerning the location and rate of development within and outside of
the project area.. Throughout the build-out of SPA One, actual development may differ rrom the
assumptions contained in the PFFP (i.e., the development of EastLake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or
limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance
with the City of Chula Vista threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve such development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement
construction should conditions change to warrant such a revision. The SPA One PFFP, at Applicant's
expense subject to a Reimbursement Agreement, shall be updated not later than six (6) months after
approval of a PFFP for the EastLake ill GDP Area, and the conclusions of such update, including
without limitation, the nature, sizing, extent and timing for the construction of public facilities caused
by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and
final maps.
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CODE REQUIREMENTS
124. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the
Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
125. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
126. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to_sewer connection fees.
d. Interim SR -125 impact fee
e. Telegraph Canyon Sewer Basin DIF.
f Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
Pay the amount of said fees in effect at the time of issuance of building permits.
127. Comply with all relevant Feder~ State, and Local regulations, including the Clean Water Act.
The developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
128. Ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant
to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure
form for approval by the City Engineer prior to Final Map approval.
129. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed.
130. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within
open spaces.
131. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual.
PC814CN2 . DOCCCTI1CO!1. DOC
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132. The Applicant shalJ comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes
but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the process of amending its Growth
Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly traffic) prior to construction of
State Route 125. Said provisions wilJ require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a proposed development as a
prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
133. Upon submittal of building plans for smalJ lot single family (5,000 square feet or less as
defined in the City of Chula Vista Design Manual) residential development, plans shalJ clearly
indicate that 750 square feet of private open space wilJ be provided.
134. The applicant shalJ apply for and receive a take permit rrom the appropriate resource
agencies or comply with an approved MSCP or other equivalent lO(a) permit applicable to the
property.
13 5. All proposed development shalJ be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
GATED AREAS
The following conditions will be included in the final Resolution only if the City Council
specificalJy approves the gated concept.
136. Any gates proposed on the tentative tract map are not considered to be approved unless
and until specifically approved by the City Council.
13 7. Parks located within gated areas shalJ not receive park credit.
138. Include all private streets in separate lots. Provide on the Final Map a certificate granting to
the City a public utility easement over the entire private street lots.
139. Designate all streets within gated communities as private. Design of said streets shall meet the
City standards for public streets unless otherwise approved by the City Engineer. Private street cross
sections shall conform to those shown on the Tentative Map.
140. Provide at all private streets with controlled access, the folJowing features:
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a. Gates as approved by the City Engineer and the Planning Director. Gates shall be
located to provide sufficient room on the private roadway to queue without
interrupting traffic on public streets.
b. A turn around at the location of the gate. The size and location of said turn around
shall be approved by the City Engineer.
c. A border between public street and private street delineated through the use of
distinctive pavements.
d. Provisions shall be made for emergency vehicle access as directed by the Police Chief
and Fire Marshall, including but not limited to proposals for staffing, "opticon" or
keypad system.
e. A dedicated parking space for the gate attendant.
141. Include the right-of-way for any private portion of the 'Temporary Roadway" (Santa Madera
Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate
final map, grant said lot in fee to the City for open space and other public uses and include language in
the City's Clerk Statement rejecting said lot and noting that Section 66477.2(a) of the Subdivision Map
Act provides that an offer of dedication shall remain open and subject to future acceptance by the City.
The City Clerk's Statement shall also indicate that the Council action rejecting the lot will be rescinded
and the open space lot accepted at such time as a public road connecting Filmore Street in Vtllage One
to East Orange Avenue is opened for public use.
PC814CN2.DOCCCTI1COII.DOC
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